If owning a gun is a right and not a privilege, why are people going to jail for it?

Answer 1

In the US, it's neither a right nor a privilege.

The 2nd Amendment protects against excessive federal regulation of firearms. It doesn't block state gun control laws.

People who are in jail for gun possession are in jail because they violated (in almost all cases) state laws requiring the registration and licensure of firearms.

Just like you have to register and license a vehicle, based on safety concerns, the state can require people to register and license handguns, for the same reasons.

I'm not advocating whether the state-federal distinction is a good idea or not. I'm just stating what the laws currently are.

Answer 2

Whether or not owning a gun is a right in the USA is a matter of debate. But assuming for your arguement that it is, then the answer to your question is that rights do get restricted. For example, you have the right not to be unreasonably searched. That does not give you the right to not be searched at all, but rather that the search has to be reasonable. Even if owning a gun is a right, there may be restrictions placed on that right, such as the requirement of a license to own a gun, or prohibitions on felons owning guns, and so on. If you violate these restrictions and there are criminal penalties for violation, then people can go to jail. It isn't so automatic as "own a gun, go to jail."

Answer 3

The only people that go to jail for owning a gun are those that have violated state or Federal laws pertaining to guns.

Answer 4

Technically its both. The "right to bear arms" was referring to the right of protection of self and country. To aid in the creation of a militia for defense of the nation specifically.
However with time all things change as do perspectives. Anyone being of sound mind, without a criminal record can legally purchase a firearm.
Your question of "Why are people going to jail for it?" is open ended. There are mitigating circumstances involved such as, age, use of the firearm, location, method of gaining possession of the firearm. Was it stolen property at one time? Is there a registration for the weapon? Did the posessor have it on him/her, when there are laws against concealed weapons?

Answer 5

Cor's answer is the best. The Federal and State laws both regulate the legality of certain types of weapons (assault rifles, machine guns, modified weapons) and who is allowed to possess them.
In addition, statutes provide restrictions on how firearms are carried, transported, and how they must be stored.
Owning a gun is a HUGE responsibility because the consequences for mis-handling one are potentially lethal, in addition to being a menace to the public safety.

Answer 6

People aren't going to jail or anywhere else because they OWN a gun or guns. People who own guns go to jail (..hopefully..) because they have used their guns in the commission of some crime. Surely that's not too hard to comprehend, is it?

Answer 7

The 2nd Amendment of the US Constitution declares, "A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed."

That is our right. But note the reference to "militia." Since we are not a well-regulated militia, we must obey all laws pertaining to the purchase of and legal registration of certain firearms.

Answer 8

They go to jail not because the own a gun, they go because they have misused the right or endangered someone.

Answer 9

Because there are certain people, like convicted felons that aren't allowed to possess guns, also in some states you have to have a permit and take training classes.

Answer 10

Depends on what you were doing with that gun. Different states have different laws when it comes to guns.