Gun Control Act of 1968 - wikipedia Gun Control Act of 1968 Gun Control Act of 1968 Other short titles State Firearms Control Assistance Act Long title An Act to amend title 18, United States Code, to provide for better control of the interstate traffic in firearms. Acronyms ( colloquial ) GCA, GCA68 Enacted by the 90th United States Congress Effective October 22, 1968 Citations Public law 90 - 618 Statutes at Large 82 Stat. 1213 - 2 Codification Titles amended 18 U.S.C. : Crimes and Criminal Procedure U.S.C. sections amended 18 U.S.C. ch. 44 § 921 Legislative history Introduced in the House as H.R. 17735 Passed the House on July 24, 1968 ( 305 - 118 ) Passed the Senate on September 18, 1968 ( 70 - 17, in lieu of S. 3633 ) Reported by the joint conference committee on October 10, 1968 ; agreed to by the House on October 10, 1968 ( 161 - 129 ) and by the Senate on Signed into law by President Lyndon B. Johnson on October 22, 1968 Major amendments Firearm Owners Protection Act Firearm legal topics of the United States of America Amendment II Assault weapon Assault weapons legislation Bump stocks Bureau of Alcohol, Tobacco, Firearms and Explosives ( ATF ) Brady Handgun Violence Prevention Act Campus carry in the U.S. Concealed carry in the U.S. Connecticut Children 's Safety Act Constitutional carry Domestic Violence Offender Gun Ban Federal Assault Weapons Ban Federal Firearms Act of 1938 Federal Firearms License Firearm case law Firearm Owners Protection Act Gun Control Act of 1968 Gun - Free School Zones Act ( GFSZA ) Gun law in the U.S. Gun laws in the U.S. by state Gun politics in the U.S. High - capacity magazine ban International treaties for arms control National Instant Criminal Background Check System ( NICS ) National Firearms Act ( NFA ) NY SAFE Act Open carry in the U.S. Right to keep and bear arms in the U.S. Sullivan Act ( New York ) Suppressor Tiahrt Amendment Violent Crime Control and Law Enforcement Act United States portal The Gun Control Act of 1968 ( GCA or GCA68 ) is a U.S. federal law that regulates the firearms industry and firearms owners. It primarily focuses on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers and importers. The GCA was signed into law by President Lyndon B. Johnson on October 22, 1968, and is Title I of the U.S. federal firearms laws. The National Firearms Act of 1934 ( NFA ) is Title II. Both GCA and NFA are enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives ( ATF ). Contents 1 History 2 Prohibited persons 3 Federal Firearms License ( FFL ) system 3.1 Gunsmith and Factory Repair Exception 4 Import restrictions 5 Marking requirements 6 Commentary 7 See also 8 References 9 Further reading 10 External links History Passage of the Gun Control Act was initially prompted by the assassination of U.S. President John F. Kennedy in 1963. The President was shot and killed with a rifle purchased by mail - order from an ad in the magazine American Rifleman. Congressional hearings followed and a ban on mail - order gun sales was discussed, but no law was passed until 1968. At the hearings NRA Executive Vice-President Franklin Orth supported a ban on mail - order sales, stating, `` We do not think that any sane American, who calls himself an American, can object to placing into this bill the instrument which killed the president of the United States. '' Precursors of the passage of the Gun Control Act were Senate Bill 1975 in 1963, `` A Bill to Regulate the Interstate Shipment of Firearms, '' and Senate Bill 1592 in 1965, `` A Bill to Amend the Federal Firearms Act of 1938. '' Both were introduced by Senator Thomas J. Dodd and met with fierce opposition on the floor but the bills also paved the way for the creation of the Gun Control Act of 1968. The deaths of Martin Luther King Jr. in April 1968 and U.S. Senator Robert F. Kennedy in June 1968, along with fears of armed uprising in black cities, renewed efforts to pass the bill. On June 11, 1968, a tie vote in the House Judiciary Committee halted the bill 's passage. On reconsideration nine days later, the bill was passed by the committee. The Senate Judiciary Committee similarly brought the bill to a temporary halt, but as in the House, it was passed on reconsideration. House Resolution 17735, known as the Gun Control Act, was signed into law by President Lyndon B. Johnson on October 22, 1968 banning mail order sales of rifles and shotguns and prohibiting most felons, drug users and people found mentally incompetent from buying guns. Prohibited persons The Gun Control Act of 1968 was enhanced in 1993 with the passage of the Brady Handgun Violence Prevention Act. The Brady Act created a background check system which required licensed sellers to inspect the criminal history background of prospective gun purchasers, and the Brady Act created a list of categories of individuals to whom the sale of firearms is prohibited. As quoted from 18 U.S.C. 922 ( d ) : It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person -- ( 1 ) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year ; ( 2 ) is a fugitive from justice ; ( 3 ) is an unlawful user of or addicted to any controlled substance ( as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) ) ; ( 4 ) has been adjudicated as a mental defective or has been committed to any mental institution ; ( 5 ) who, being an alien -- ( A ) is illegally or unlawfully in the United States ; or ( B ) except as provided in subsection ( y ) ( 2 ), has been admitted to the United States under a nonimmigrant visa ( as that term is defined in section 101 ( a ) ( 26 ) of the Immigration and Nationality Act ( 8 U.S.C. 1101 ( a ) ( 26 ) ) ) ; ( 6 ) who ( 2 ) has been discharged from the Armed Forces under dishonorable conditions ; ( 7 ) who, having been a citizen of the United States, has renounced his citizenship ; ( 8 ) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that -- ( A ) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate ; and ( B ) ( i ) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child ; or ( ii ) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury ; or ( 9 ) has been convicted in any court of a misdemeanor crime of domestic violence. Exceptions as quoted from 18 U.S.C. 921 ( a ) ( 33 ) ( B ) : ( ii ) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored ( if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense ) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. Many states automatically reinstate gun ownership rights upon completion of sentence. Some states reinstate rights depending on the crime convicted of, and others have a petition process. Those convicted of a federal offense must contact the Office of the Pardon Attorney, Department of Justice, to receive a presidential pardon. Under the Department 's rules governing petitions for executive clemency, 28 C.F.R. § § 1.1 et seq., an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction. According to a 21 Sep 2011 `` Open Letter to All Federal Firearms Licensees '' from ATF, holders of state - issued medical marijuana cards are automatically `` prohibited persons '' under 18 U.S.C 922 ( g ) ( 3 ) and `` shipping, transporting, receiving or possessing firearms or ammunition '' by a medical marijuana card holder is a violation. Additionally, 18 U.S.C 922 ( x ) generally prohibits persons under 18 years of age from possessing handguns or handgun ammunition with certain exceptions for employment, target practice, education, and a handgun possessed while defending the home of the juvenile or a home in which they are an invited guest. The Brady Handgun Violence Prevention Act of 1993 created the National Instant Criminal Background Check System ( NICS ) to prevent firearms sales to such prohibited persons. Federal firearms license ( FFL ) system Main article : Federal Firearms License The Gun Control Act mandated the licensing of individuals and companies engaged in the business of selling firearms. This provision effectively prohibited the direct mail order of firearms ( except antique firearms ) by consumers and mandated that anyone who wants to buy a gun in an interstate transaction 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 interstate purchase of long guns ( rifles and shotguns ) was not impeded by the Act so long as the seller is federally licensed and such a sale is allowed by both the state of purchase and the state of residence. Private sales between residents of two different states are also prohibited without going through a licensed dealer, except for the case of a buyer holding a Curio & Relic license purchasing a firearm that qualifies as a curio or relic. Private sales between unlicensed individuals who are residents of the same state are allowed under federal law so long as such transfers do not violate the other existing federal and state laws. While current law mandates that a background check be performed if the seller has a federal firearms license, private parties living in the same state are not required to perform such checks under federal law. A person who does not have a Federal Firearms License may not be in the business of buying or selling firearms. Individuals buying and selling firearms without a federal license must be doing so from their own personal collection. Under the Gun Control Act, a federally licensed importer, manufacturer, dealer or collector shall not sell or deliver any rifle or shotgun or ammunition for rifle or shotgun to any individual less than 18 years of age, nor any handgun or ammunition for a handgun to any individual less than 21 years of age. Gunsmith and factory repair exception While the Gun Control Act prohibits the direct mail - ordering of firearms, a person may ship a gun via contract carrier ( such as United Parcel Service - UPS, United States Postal Service or FedEx ) to a gunsmith ( who has an FFL ) or the gunmaker 's factory for repairs or modification. After the repair work is done, the gunsmith or the factory can ship the gun directly back to the customer. Import restrictions ATF Form 4590 ( `` Factoring Criteria for Weapons '' ) The GCA created what is known as the `` sporting purposes '' standard for imported firearms, saying that they must `` be generally recognized as particularly suitable for or readily adaptable to sporting purposes. '' GCA sporting purposes includes hunting and organized competitive target shooting, but does not include `` plinking '' or `` practical shooting '' ( which the ATF says is closer to police / combat - style competition and not comparable to more traditional types of sports ), nor does it allow for collection for historical or design interest. Marking requirements The law also required that all newly manufactured firearms produced by licensed manufacturers in the United States and imported into the United States bear a serial number. Firearms manufactured prior to the Gun Control Act and firearms manufactured by non-FFLs remain exempt from the serial number requirement. Defacement or removal of the serial number ( if present ) is a felony offense. Commentary In a June 1966 essay, Neal Knox wrote that what was then called the Dodd Bill was opposed by outdoorsmen and conservationists Harry R. Woodward, C.R. Gutermuth of the Wildlife Management Institute, Richard H. Stroud of the Sport Fishing Institute, Howard Carter Jr. of the National Shooting Sports Foundation, E.C. Hadley of the Sporting Arms and Ammunition Manufacturers ' Institute, Robert T. Dennis of the Izaak Walton League, `` and countless other sportsmen, and sportsmen and industry groups '' because it would have a far - reaching and damaging effect on the hunting and shooting sports, while failing to reduce crime. In his remarks upon signing the act in October 1968, Johnson said : Congress adopted most of our recommendations. But this bill -- as big as this bill is -- still falls short, because we just could not get the Congress to carry out the requests we made of them. I asked for the national registration of all guns and the licensing of those who carry those guns. For the fact of life is that there are over 160 million guns in this country -- more firearms than families. If guns are to be kept out of the hands of the criminal, out of the hands of the insane, and out of the hands of the irresponsible, then we just must have licensing. If the criminal with a gun is to be tracked down quickly, then we must have registration in this country. The voices that blocked these safeguards were not the voices of an aroused nation. They were the voices of a powerful lobby, a gun lobby, that has prevailed for the moment in an election year. At the time of its passage in 1968, NRA executive vice president Franklin Orth wrote in American Rifleman that `` the measure as a whole appears to be one that the sportsmen of America can live with ''. In the May 1993 issue of Guns & Ammo magazine, Jews for the Preservation of Firearms Ownership ( JPFO ) compared the GCA to Nazi gun laws. In a 2011 article noting the death of former U.S. Senator James A. McClure, the NRA called provisions of the GCA `` draconian. '' McClure was cosponsor of the Firearm Owners Protection Act ( FOPA ) of 1986, also called the McClure - Volkmer Act. Political scientist Robert Spitzer wrote in 2011 that the Gun Control Act of 1968 `` provides an ideal case study to highlight the political processes affecting a direct effort to regulate firearms. '' He also stated in his book that President Johnson 's proposal called for national registration of all guns as well as licensing for all gun carriers, but his influence over the enacted law was small. House Rules Committee chair William Colmer only released H.R. 177735 to the floor after Judiciary Committee chair Emanuel Celler promised to oppose efforts to add licensing and registration provisions. See also Gun law in the United States Gun politics in the United States References Jump up ^ Michaud, Jon ( April 19, 2012 ). `` The Birth of the Modern Gun Debate ''. The New Yorker. Condé Nast. Retrieved July 6, 2014. Jump up ^ Bugliosi, Vincent ( 2007 ). Reclaiming History : The Assassination of John F. Kennedy. W.W. Norton & Co. p. 200. ISBN 978 - 0 - 393 - 04525 - 3. Retrieved July 7, 2014. ^ Jump up to : Rosenfeld, Steven ( January 14, 2013 ). `` The NRA once supported gun control ''. Salon. Salon Media Group. Retrieved July 7, 2014. Jump up ^ Davidson, Osha Gray ( 1998 ). Under Fire : The NRA and the Battle for Gun Control. University of Iowa Press. p. 30. ISBN 9781587290428. Retrieved April 14, 2015. Jump up ^ `` Sources for Connecticut 's role in the gun control debate ''. University of Connecticut. 2014. Archived from the original on July 7, 2014. Retrieved July 7, 2014. Jump up ^ `` Common Sense ''. Retrieved 10 June 2016. Jump up ^ Finney, John W. ( June 12, 1968 ). `` Gun Control Bill Blocked In House ; Panel Deadlocks on Johnson Plan to Curb Rifle Sales -- New Vote Is Scheduled ''. New York Times. p. 1. Retrieved March 16, 2011. ( subscription required ) Jump up ^ Finney, John W. ( June 21, 1968 ). `` Senate Due To Act Today ; House Unit Votes Gun Bill, But Senate Panel Delays It House Committee Vote ''. New York Times. p. 1. Retrieved March 16, 2011. ( subscription required ) ^ Jump up to : Johnson, Lyndon B. ( October 22, 1968 ). `` 553 -- Remarks Upon Signing the Gun Control Act of 1968 ''. presidency.ucsb.edu. Online by Gerhard Peters and John T. Woolley, The American Presidency Project. Jump up ^ Dolak, Kevin ( November 21, 2013 ). `` Gun Debate Spurred by Kennedy Assassination Rages on Today ''. ABC News Internet Ventures. Retrieved July 7, 2014. Jump up ^ `` U.S. gun control : A history of tragedy, legislative action ''. CBS Interactive. April 13, 2013. Retrieved July 7, 2014. Jump up ^ Herbert, Arthur ( September 26, 2011 ). `` Open Letter to All Federal Firearms Licensees '' ( PDF ). atf.gov. U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. Archived from the original ( PDF ) on February 16, 2013. Jump up ^ `` 18 U.S. Code § 922 -- Unlawful acts ''. law.cornell.edu. Legal Information Institute ( LII ). Jump up ^ `` Federal Firearms Regulations Reference Guide 2005 '' ( PDF ). 2005. Archived from the original ( PDF ) on December 31, 2009. Jump up ^ Defining the type of weapon under review, The Bureau of Alcohol, Tobacco, Firearms, and Explosives Jump up ^ `` Department of the Treasury Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles '' ( PDF ). atf.gov. April 1998. Retrieved July 5, 2014. Jump up ^ Knox, Neal ( 2009 ) ( 1966 ). `` The Dodd Bill Both Fact... and Fantasy ''. In Knox, Chris. The Gun Rights War : Dispatches from the Front Lines. MacFarlane. ISBN 9780976863304. Jump up ^ Waldman, Michael ( 2014 ). The Second Amendment : A Biography. Simon and Schuster. ISBN 9781476747460. Retrieved 6 July 2014. Jump up ^ Achenbach, Joel ; Higham, Scott ; Horwitz, Sari ( 12 January 2013 ). `` How NRA 's true believers converted a marksmanship group into a mighty gun lobby ''. The Washington Post. Retrieved 6 July 2014. Jump up ^ Knox, Neal ( 2009 ) ( 1993 ). `` JPFO Proves Me Wrong ''. In Knox, Chris. The Gun Rights War : Dispatches from the Front Lines. MacFarlane. ISBN 9780976863304. OCLC 423586835. Jump up ^ Winkler, Adam ( 2011 ). Gunfight : The Battle Over the Right to Bear Arms in America. Norton. ISBN 9780393077414. ^ Jump up to : Norell, James O.E. ( 2011 ). `` Passing of a Legend ''. nrapublications.org. National Rifle Association. Archived from the original on May 6, 2012. Retrieved July 5, 2014. ^ Jump up to : Spitzer, Robert J. ( 2011 ). `` Gun Control : Constitutional Mandate or Myth ? ''. In Tatalovich, Raymond ; Daynes, Byron W. Moral Controversies in American Politics. M.E. Sharpe. p. 175. ISBN 9780765627452. Jump up ^ Spitzer, Robert J. ( 2011 ). `` Gun Control : Constitutional Mandate or Myth ? ''. In Tatalovich, Raymond ; Daynes, Byron W. Moral Controversies in American Politics. M.E. Sharpe. p. 176. ISBN 9780765627452. Further reading Zimring, Frank ( 1968 ). `` Is Gun Control Likely to Reduce Violent Killings ? ''. The University of Chicago Law Review. 35 ( 4 ) : 721 -- 737. doi : 10.2307 / 1598883. JSTOR 1598883. OCLC 65016157. Hahn, Robert A. ; Bilukha, Oleg ; Crosby, Alex ; Fullilove, Mindy T. ; Liberman, Akiva ; Moscicki, Eve ; Snyder, Susan ; Tuma, Farris ; et al. ( 2005 ). `` Firearms laws and the reduction of violence '' ( PDF ). American Journal of Preventive Medicine. 28 ( 2 ) : 40 -- 71. doi : 10.1016 / j. amepre. 2004.10. 005. PMID 15698747. External links Text of H.R. 17735 ( 90th ) : An Act to amend title 18, United States Code, to provide for better control of the interstate traffic in firearms ( Passed Congress / Enrolled Bill ) -- GovTrack.us Lyndon B. Johnson 36th President of the United States ( 1963 -- 1969 ) 37th Vice President of the United States ( 1961 -- 1963 ) U.S. Senator from Texas ( 1949 -- 1961 ) U.S. Representative for TX - 10 ( 1937 -- 1949 ) Presidency 1963 inauguration 1965 inauguration Great Society Architectural Barriers Act Child Nutrition Act Civil Rights Act of 1964 Department of Housing and Urban Development Department of Transportation Economic Opportunity Act of 1964 Head Start Program Job Corps Elementary and Secondary Education Act Equal Employment Opportunity Commission Fair Housing Act of 1968 Food Stamp Act of 1964 Glassboro Summit Gun Control Act of 1968 Higher Education Act of 1965 Upward Bound TRIO Teacher Corps Immigration and Nationality Act of 1965 Johnson Doctrine Dominican Republic occupation Medicare Medicaid Meritorious Service Medal National Endowment for the Arts National Endowment for the Humanities Non-Discrimination in Federal contracts Executive Order 11375 Older Americans Act Operation CHAOS Outer Space Treaty Public Broadcasting Act of 1967 Vietnam War Gulf of Tonkin Resolution `` Credibility gap '' VISTA Voting Rights Act of 1965 War on Poverty White House Conference on Civil Rights White House preservation State of the Union Address, 1966 1968 Cabinet Judicial appointments Supreme Court controversies Life Early years and career Operation Texas Texas Broadcasting Company Johnson Amendment Bashir Ahmad Legacy Lyndon Baines Johnson Library and Museum Lyndon B. 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Kennedy Richard Nixon → Retrieved from `` https://en.wikipedia.org/w/index.php?title=Gun_Control_Act_of_1968&oldid=834109706 '' Categories : 1968 in law 90th United States Congress Gun politics in the United States Legal history of the United States United States federal criminal legislation United States federal firearms legislation Hidden categories : Pages containing links to subscription - only content All articles with unsourced statements Articles with unsourced statements from January 2014 Talk Contents About Wikipedia Deutsch Français Svenska Edit links This page was last edited on 4 April 2018, at 00 : 13. About Wikipedia

Question: who signed the gun control act of 1968
Answer: President Lyndon B. Johnson