GCA 68 Law and Legal Definition

GCA 68 known as the Gun Control Act of 1968 (“Act”) is a federal statute that regulates firearms industry and firearms owners in the U.S.. The Act primarily regulates interstate commerce in firearms. The Act prohibits interstate firearms transfer except among licensed manufacturers, dealers and importers.

The Act makes it mandatory that the licensing of individuals and companies who are engaged in the business of selling firearms. This provision of the Act also prohibits the direct mail order of firearms (except antique firearms) by consumers and mandated that anyone who wants to buy a gun from a source other than a private individual must do so through a federally licensed firearms dealer. The Act also banned unlicensed individuals from acquiring handguns outside their state of residence.

The Act prohibits certain persons from holding or processing firearms. They are:

1. Anyone who has been convicted in a federal court of a crime punishable by imprisonment for a term exceeding one year, excluding crimes of imprisonment that are related to the regulation of business practices;

2. Anyone who has been convicted in a state court of a crime punishable by imprisonment for a term exceeding two years, excluding crimes of imprisonment that are related to the regulation of business practices;

3. Anyone who is a fugitive from justice;

4. Anyone who is an unlawful user of or addicted to any controlled substance;

5. Any alien illegally or unlawfully in the U.S. or an alien admitted to the U.S. under a non-immigrant visa. Aliens who have a tourist visa or student visa may possess guns if they have a current, valid hunting license;

6. Anyone who has been discharged under dishonorable conditions from the United States armed forces;

7. Anyone who, having been a citizen of the U.S., has renounced his/her citizenship.

8. Anyone that is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner;

9. Anyone who has been convicted of a misdemeanor crime of domestic violence;

10. Anyone who is under 18 years of age; and

11. A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year cannot lawfully receive a firearm.