Guns, gun laws, and the Second Amendment are some of the most hotly debated topics in America. They can bring out a visceral response in many people on both sides of the aisle, and it’s understandable why. There are statistics showing the rising rates of gun violence in the United States, but at the same time, people in favor of less stringent gun laws feel that law abiding citizens aren’t typically the ones responsible for this violence.

In the United States, if you include suicides, accidental shootings,and homicides, injuries related to firearms killed 38,700 people in 2017. This is based on information compiled by the Centers for Disease Control and Prevention.

There are a lot of inconsistencies in gun laws at the state and federal level, making it even more challenging and complex to figure out what’s what in terms of the law and see where positive changes could be made, without infringing on the rights of citizens.

How you feel about guns and gun laws is a matter of personal opinion, but having a grasp of just facts can help color your opinion in an educated way. The following are some of the primary things to know about the Second Amendment and gun laws in the U.S.

What is the Second Amendment?

The Second Amendment itself is a source of debate because according to the U.S. Constitution, it defines the right of the people to keep and bear arms, as part of a well-regulated militia to protect the security of a free state.

There has been significant litigation as far as the Second Amendment, including the District of Columbia v. Heller. In this case, the Supreme Court held that the Second Amendment guarantees individuals the right to have a firearm in their home for purposes of self-defense. This decision ultimately outlined the fact that the Second Amendment protects the rights of a law-abiding citizen to have a handgun in the home for self-defense.

This was different from previous rulings, in which the Court had stated the Second Amendment was linked to state militia service.

The primary reason for the Second Amendment is in self-defense, rather than hunting or other reasons people name for owning guns.

State Laws

Many states have made their own gun laws. There are types of gun laws that can usually be used to categorize this type of legislation including:

• Red flag laws
• Relinquishment laws
• Assault weapons bans
• High-capacity magazine bans
• Gun possession prohibitions for people viewed as high-risk
• Prohibitions of gun possession for people with domestic violence convictions
• Mandatory background checks

California and Connecticut have the strictest gun laws in the country, with seven types of laws on the books. States with six types of gun laws are New York and Massachusetts, and five types of gun laws are on the books in New Jersey, Maryland and D.C. States with the most lenient gun laws are Idaho and Montana.

Idaho and Montana actually have no firearm laws for universal background checks, the prohibition of high-risk possessors, or bans on the use of assault or high-capacity guns.

Many states are somewhere in the middle, with some having four laws, and others may have one, two or three of these laws in place. However, there’s not one specific restriction across the board that’s been enacted in all states.

What Are the Different Types of State Laws?

The following are very brief, general definitions of what these state laws refer to:

• Red flag laws mean that law enforcement can start a process to take firearms from a person who could be a threat to themselves or others, but this has to be determined by a judge. In some states including California and Oregon, family members are allowed to initiate the process.
• A relinquishment law means that any person who isn’t legally allowed to own a gun, for example for having a domestic violence conviction, must turn in firearms.
• An assault weapons ban means that states don’t allow the sale of assault weapons, although there is much debate about what types of firearms are actually assault weapons.
• Some states have a high-capacity magazine ban, meaning the sale of assault pistol ammunition or other types of magazines with a high-capacity isn’t allowed.
• If someone is deemed high-risk many states prevent them from owning a firearm. Some of the reasons a person could be seen as high-risk include having a violent misdemeanor or felony conviction, having a history of mental health or drug and alcohol issues, or someone who is deemed by a court to be dangerous.

Finally, some states have mandatory universal background checks,and some experts feel that these make the biggest impact in terms of reducing deaths related to firearms.