Federal Firearm Laws & Prohibited Persons from Possession of Firearms
Federal laws placed restrictions on gun possession for many people in our country. The Second Amendment to the Constitution provides the “Right to Bear Arms”; however, that right is not absolute. Meaning, your right to bear arms under federal law can be taken away by the government, if certain events happen that make you a federally Prohibited Person from possession of firearms.
Certain criteria under federal law such as a criminal conviction, history of domestic violence, being subject to a protective order, being in the country illegally, and other criteria makes it illegal under federal law to possess a firearm, anywhere in the United States. These laws are in addition to Oklahoma laws that make it a felony to possess a firearm for prohibited persons in possession of a firearm.
There is a baseline under federal law regarding eligibility to possession firearms. Anyone that has been convicted of a felony, certain crimes, subject to a Court order related to domestic violence, or other criteria is prohibited from possessing a firearm under federal law. Federal law enforcement agencies, principally the FBI maintain background check systems to track all of this information for every person in the United States. The main database is the National Crime Information Center (“NCIC”) database maintain by the FBI.
The NCIC is a tool that anyone conducting an background check may use to ensure a person attempting to purchase a firearm is not a prohibited person or convicted felon.
SUMMARY OF FEDERAL LAW
The primary federal criminal gun statutes are 18 U.S.C. § 922 and 18 U.S.C. § 924. Federal gun charges are brought against defendants that allegedly buy, sell, possess or use firearms that have participated in interstate commerce, i.e. passed across state lines. These are the most commonly prosecuted federal gun charges. It is very serious to be charged with federal gun charges and our Fierce Advocates can assist you through the process.
The Federal Gun Control Act of 1968, which has become 18 U.S.C. § 922, prohibits the sale to and possession of firearms by the following Prohibited Persons:
- Person Under Felony Indictment §922(n):
- Federal felony or federal crime punishable by imprisonment for more than one year;
- State felony or crime not classified as a misdemeanor that is punishable by imprisonment for great than one year §922(g)(1);
- State misdemeanor that is punishable by more than two years imprisonment;
- Military Tribunal Convictions – §922(g)(1)
- Any Fugitive from Justice §922(g)(2)
- Unlawful Drug Users and Drug Addicts §922(g)(3): it is unlawful to transport, possess, receive, or ship firearms or ammunition, as an unlawful drug user.
- Adjudicated as Mentally Defective or Commitment to a Mental Institution §922(g)(4)
- An Alien Illegally or Unlawfully in the United States §922(g)(5)
- Dishonorably Discharged from the Armed Forces §922(g)(6)
- US Citizen that has renounced citizenship §922(g)(7)
- Subject to Court Order of Protection or Equivalent §922(g)(8)
- was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
- 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; and
- includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or 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
- Convicted of a Misdemeanor crime of Domestic Violence §922(g)(9)
Federal gun crimes are complicated and the circumstances that may result in your being indicted with a federal gun crime are vast. It is important to review this list to protect your interests and your future. You need to work with a Fierce Advocate from the beginning that is experienced in federal gun charges and has experience defending federal criminal cases.
Contact – Cannon & Associates: Federal Defense Advocates
Experience matters when you are facing a federal indictment by a grand jury or federal gun charges. It is important to know the federal criminal defense lawyer you hire is dedicated to your cause and versed in all aspects of federal criminal law and federal gun crimes. Cannon & Associates is dedicated to Fierce Advocacy and will fight for your rights.