Wednesday, May 11, 2011

Federal Law That Prohibits Certain Individuals to Possess a Firearm

Federal Law that Prohibits Certain Individuals to Possess Firearms

Not only does the state of Maryland prohibit certain individuals to possess a firearm, but Federal Law also prohibits the possession of firearms if one meets certain conditions.

Below find U.S. Code Title 18, Part I, Chapter 44, § 922 that pertains to the prohibition of possessing firearms in part states:
Baltimore Criminal Lawyer

(g) It shall be unlawful for any person—
  (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
  (2) who is a fugitive from justice;
  (3) who 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) who has been adjudicated as a mental defective or who has been committed to a 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 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) who is subject to a court order that—
    (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
    (B) 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
      (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) who has been convicted in any court of a misdemeanor crime of domestic violence,

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm (see below for definitions) or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

U.S. Code Title 18, Part I, Chapter 44, § 921 provides the definitions for the previous section and states in part:

(3) The term “firearm” means
  (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
  (B) the frame or receiver of any such weapon;
  (C) any firearm muffler or firearm silencer; or
  (D) any destructive device. Such term does not include an antique firearm.

(16) The term “antique firearm” means—
  (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
  (B) any replica of any firearm described in subparagraph (A) if such replica—
     (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
     (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
  (C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

If you have been charged in a Maryland State Court or U.S. Federal Court with illegal possession of a firearm, contact my office at 410-288-2900 to schedule a free consultation and learn how we can help.

Law Offices of G. Randolph Rice, Jr., LLC
6914 Holabird Avenue, Suite A
Baltimore, Maryland 21222