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There are an estimated 270,000,000 private citizens in the United States that own firearms (approximately 88.8 people per 100 own a firearm). According to an analysis of the number of background checks conducted by each state for prospective gun owners, the states with the most firearms are Kentucky, Utah, Montana, Wyoming, and Alaska. Although there is no clear consensus as to what correlation, if any, the number of guns in a state has on the number of gun deaths, the top five states for gun deaths are:

Mississippi (18.3 gun deaths per 100,000 persons)Arizona (15 gun deaths per 100,000 persons)Alabama (17.6 gun deaths per 100,000 persons)Arkansas (15.1 gun deaths per 100,000 persons)Louisiana (14.9 gun deaths per 100,000 persons).

Not surprisingly, vary greatly from state to state. Most gun laws focus on three categories: (1) laws prohibiting the possession of firearms by certain people; (2) laws regulating the sale and transfer of firearms; and (3) the possession of firearms in public places.

State laws prohibiting the purchase or possession of firearms

Every state except Vermont has state laws that ban the transfer or sale of firearms to a convicted felon. In most states, the gun laws use the traditional definition of felony which include crimes that are punishable by more than one year of incarceration. Some states have additional specified crimes, including misdemeanors, that will also prevent people from possessing firearms. For example, in Indiana, persons with convictions for resisting arrest may not possess a firearm. Overall, twenty-three states have gun laws that include some misdemeanors as crimes that will prohibit the transfer, purchase or possession of a firearm.

Thirty-three states prohibit persons with mental illness to purchase or possess firearms. Five of those states prohibit only the purchase or possession of handguns. Other state laws prohibit persons who are subject to a restraining order from purchasing a handgun (20 states); persons who are drug abusers (28 states); persons who suffer from alcoholism (18 states); and all states except for Wyoming prohibit the transfer of firearms to juveniles.

State laws regulating the sale and transfer of firearms

The Brady Act is a federal law that requires all federally licensed firearms dealers (FFLs) to conduct background checks on all potential buyers of firearms. However, it is estimated that 40 percent of all firearms purchases are from private sellers, and therefore not subject to background checks pursuant to federal law. Every state, however, except Vermont, has state laws that require some sort of background checks for potential gun purchasers or possessors.

Only three states, California, Maryland, and New Jersey, have state laws that limit the number of handgun sales or purchases to one per 30 day period. These laws are based on studies that show that multiple handguns purchased by the same person are often used for criminal activity. New York gun laws, however, are even stricter, and limit the sale of all firearms to one purchase every 90 days.

Eleven states require some sort of waiting period between the purchase of a firearm and the delivery of the firearm. These laws apply to the sale of all firearms, handguns only, long guns only, or handguns and assault weapons; and vary in length from 48 hours to two weeks for delivery. There are three additional policy considerations that are triggered with current state laws requiring waiting periods:

is the "cooling-off" period established of sufficient duration between the sale of a firearm and deliveryvalid permits to possess a firearm do not exempt a purchaser from the waiting periodtransfer of the firearm must not occur until after the required background checks have been completed regardless of any waiting period.

State laws regulating firearms in public places

Various state laws regulate what circumstances, if any, in which a person may carry a concealed weapon in public. Only two states, Illinois and Wisconsin, do not allow the carrying of concealed weapons. Two other states, Alaska and Vermont, do not require a permit to carry a concealed weapon, while the remaining states allow for concealed weapons, but only with a valid permit.

Only three states, Florida, Illinois, and Texas, prohibit the open carrying of handguns in public. Thirty-five states allow persons to carry handguns in public without a permit, but three of those states require the handgun be unloaded. The remaining twelve states allow for the open carry of handguns but require a valid permit. Most states, however, do have exceptions that prohibit the open carry of handguns in certain places such as schools and school zones, state-owned buildings, courthouses, places where alcohol is served or sold, and on public transportation.

As the debate regarding gun laws continue, state laws will become more complex and varied. Many commentators argue that stricter federal laws are required to assist existing state laws, which are often powerless to control the flow of weapons from a less restrictive gun law state to a more restrictive gun law state. There are no simple answers to the ongoing controversy over gun laws.

California Criminal Law Specialist Doreen B. Boxer, Esq., protects individuals and companies charged with - or under investigation for - criminal offenses. If your life, liberty or reputation are at stake, you need Boxer in your corner. http://orangecounty-criminaldefenselawyer.com

(c) Copyright - Doreen B. Boxer. All Rights Reserved Worldwide.

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A restraining order is a type of legal order that requires an individual to do or refrain from doing a particular activity. A person who does not obey the order will face criminal or civil consequences and may be required to accept sanctions or pay damages. Additionally, violations may be deemed a serious criminal offence that results in arrest and possible prison time. The state of California issues restraining orders to protect individuals from being physically or emotionally harmed. The person obtaining the order is referred to as the protected person and the individual the order is against is called the restrained person. Some include other individuals such as family or household members of the protected person.

What Does a California Do?

In general, a restraining order in the state of California includes personal conduct orders to cease certain acts against individuals listed as protected persons. It can have a serious effect on the restrained person, for example, he or she will not be able to go to specific places or engage in certain activities. Examples of activities one may be required to stop include:

• Any type of communication such as telephone calls, letters, and email messages

• Stalking

• Threatening

• Harassing

• Physically attacking including sexual assault

• Destroying personal property

A stay-away order requires the restrained person to stay a specific distance away from protected person or persons and his or her residence, vehicle, workplace, children's schools or child care facilities, and other important places to the person.

A residence exclusion order instructs the restrained person to vacate where the protected person resides and only take personal belongings until the date of the court hearing. There orders can only be requested for certain types.

Types in California

In the state of California, there are four types including a Domestic Violence Restraining Order, Civil Harassment Restraining Order, Elder or Dependent Adult Abuse Restraining Order, and Workplace Violence Restraining Order.

Domestic Violence

An individual can obtain a domestic violence restraining order is he or she has been abused by someone whom he or she has a close relationship such as a romantic relationship (married, domestic partnership, dating, separated, divorced, or live together) or closely related (parent, child, sibling, grandparent, or in-law).

Civil Harassment

A person can request a civil harassment restraining order if he or she is being harassed, abused, stalked, or threatened by an individual that is not categorized in the domestic violence category such as a roommate, neighbor, or distant family member (aunt, uncle, cousin, nephew, or niece).

Elder or Dependent Adult Abuse

An elder or dependent adult abuse can be attained if an individual is aged 65 years or older or between the ages of 18 and 64 and have specific physical or mental disabilities that prevent normal activities or protection of ones self; and the victim of physical, emotional, or financial abuse, neglect or abandonment, or deprivation by a care giver of necessities.

Workplace Violence

A workplace violence order can be requested if a person is an employer and the purpose is to protect an employee who have previously suffered from violence, harassment, stalking, or threats of violence at the workplace. An employee cannot ask for a workplace violence restraining order, it must be requested by the employer. The employee can ask for a different type of restraining order if he or she wants protection.

Steps on Obtaining a California Restraining Order

Obtaining a restraining order in the state of California is a complicated process because of the nature of the order. To request, a person must apply with the local superior court.

1. An individual must completely fill out the required documents, which include a request for the order, temporary restraining order, and notification of court hearing. If the person requesting the order has a child with restrained person, he or she must fill out a child custody, visitation, and support request form. The requester must also check with the local county court to determine if there are any additional local county forms required. The forms should contain precise details to increase the chance of the judge accepting the order.

2. The forms must be delivered to the court clerk to give to the judge. Once the judge examines the forms, he or she will make a decision whether to grant the restraining order. The clerk will inform the requester if the judge seeks to discuss the order.

3. The person must then wait for the judge's decision. The court clerk will inform the requester of the decision by the next business day. The individual receives the documents back with the judge's decision.

4. If the judge does not agree to the order, an individual can request a hearing to have the order reviewed a second time. The judge may grant the request after the hearing. The request can also be re-filed at a later date.

5. After the judge signs the request, the individual receives five copies and should keep a copy on them at all times to show to the police if a problem arises. The individual must provide anyone else protected with a copy of the order. If a restrained person is forbidden for entering specific places such as a school or workplace, the individual should distribute copies at each location.

6. The original order is just temporary, so the requester must attend a hearing to receive the permanent restraining order. The temporary order only lasts three weeks.

7. Once the order is obtained, a process server or police officer will serve the restrained individual with a copy of the order.

More on restraining orders here.

Obtaining a restraining order in the state of California is a complicated process because of the nature of the order. To request a restraining order, a person must apply with the local superior court.

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