Is Felon In Possession Of A Firearm A Federal Crime?
| Is Felon In Possession Of A Firearm A Federal Crime? | Yes | 18 U.S.C. 922(g) |
|---|---|---|
| What is the statute? | It is illegal for a person who has been convicted of a felony to possess a firearm. | https://www.law.cornell.edu/uscode/text/18/922(g) |
| What are the penalties? | Up to 10 years in prison and a fine of up to $250,000. | https://www.justice.gov/archives/jm/criminal-resource-manual-922-g-felon-possession-firearm |
Is Felon in Possession of a Firearm a Federal Crime?
The Federal Gun Control Act of 1934 (GCA) is a United States federal law that regulates the manufacture, sale, transfer, possession, and importation of firearms, ammunition, and certain accessories. The GCA was enacted in response to the St. Valentine’s Day Massacre in 1929, which was carried out by a group of criminals who were armed with Thompson submachine guns. The law was intended to reduce the number of firearms in circulation and to make it more difficult for criminals to obtain firearms.
One of the key provisions of the GCA is that it makes it a federal crime for a felon to possess a firearm. This means that anyone who has been convicted of a felony is prohibited from owning or possessing a firearm, even if the felony was not related to firearms.
In this article, we will discuss the federal law prohibiting felons from possessing firearms. We will provide a history of the law, discuss the key provisions of the law, and examine the impact of the law.
What is the Federal Gun Control Act of 1934?
The Federal Gun Control Act of 1934 was signed into law by President Franklin D. Roosevelt on June 26, 1934. The law was enacted in response to the St. Valentine’s Day Massacre in 1929, which was carried out by a group of criminals who were armed with Thompson submachine guns. The law was intended to reduce the number of firearms in circulation and to make it more difficult for criminals to obtain firearms.
The GCA is a comprehensive law that regulates the manufacture, sale, transfer, possession, and importation of firearms, ammunition, and certain accessories. The law includes a number of provisions that are designed to prevent criminals from obtaining firearms, including:
- A ban on the sale of certain types of firearms, such as machine guns and sawed-off shotguns.
- A requirement that all firearms be registered with the federal government.
- A prohibition on the possession of firearms by felons, fugitives from justice, and other prohibited persons.
The GCA has been amended several times since it was enacted in 1934. The most significant amendments were made in 1968 and 1994. The 1968 amendments expanded the definition of a firearm to include certain types of weapons that were not previously covered by the law. The 1994 amendments included a ban on the sale of assault weapons and high-capacity magazines.
History of the Law
The Federal Gun Control Act of 1934 was enacted in response to the St. Valentine’s Day Massacre in 1929. The massacre was carried out by a group of criminals who were armed with Thompson submachine guns. The massacre shocked the nation and led to a public outcry for stricter gun control laws.
The GCA was the first major federal gun control law in the United States. The law was designed to reduce the number of firearms in circulation and to make it more difficult for criminals to obtain firearms. The law has been amended several times since it was enacted in 1934, but the basic structure of the law remains the same.
Key Provisions of the Law
The Federal Gun Control Act of 1934 includes a number of provisions that are designed to prevent criminals from obtaining firearms. These provisions include:
- A ban on the sale of certain types of firearms, such as machine guns and sawed-off shotguns.
- A requirement that all firearms be registered with the federal government.
- A prohibition on the possession of firearms by felons, fugitives from justice, and other prohibited persons.
The GCA also includes a number of other provisions that are designed to regulate the manufacture, sale, transfer, and importation of firearms. These provisions include:
- A requirement that all firearms be manufactured in accordance with federal standards.
- A ban on the sale of firearms to minors.
- A requirement that all firearms be sold through a licensed dealer.
The GCA has been amended several times since it was enacted in 1934. The most significant amendments were made in 1968 and 1994. The 1968 amendments expanded the definition of a firearm to include certain types of weapons that were not previously covered by the law. The 1994 amendments included a ban on the sale of assault weapons and high-capacity magazines.
Impact of the Law
The Federal Gun Control Act of 1934 has had a significant impact on the availability of firearms in the United States. The law has been credited with reducing the number of firearms in circulation and making it more difficult for criminals to obtain firearms
Is Felon in Possession of a Firearm a Federal Crime?
Answer: Yes, it is a federal crime for a felon to possess a firearm. The Gun Control Act of 1968 makes it illegal for any person who has been convicted of a felony to possess a firearm. This includes both state and federal felonies.
What are the penalties for a felon in possession of a firearm?
Answer: The penalties for a felon in possession of a firearm vary depending on the circumstances. If the felon is convicted of a simple possession charge, they could face up to 10 years in prison and a fine of up to $250,000. If the felon is convicted of a charge involving a violent crime, they could face up to 20 years in prison and a fine of up to $250,000.
What are the exceptions to the law?
Answer: There are a few exceptions to the law that allow felons to possess firearms. These exceptions include:
- Felons who have been pardoned by the President of the United States
- Felons who have had their civil rights restored by a court order
- Felons who are members of the military or law enforcement
- Felons who are hunting or fishing with a valid permit
How can I find out if I am prohibited from possessing a firearm?
Answer: You can find out if you are prohibited from possessing a firearm by contacting the National Instant Criminal Background Check System (NICS). The NICS is a database that contains records of all people who have been convicted of a felony or other crime that would make them ineligible to possess a firearm. You can contact the NICS by phone or online.
What should I do if I am a felon and I am in possession of a firearm?
Answer: If you are a felon and you are in possession of a firearm, you should immediately surrender the firearm to the police. You may also be eligible to have your civil rights restored, which would allow you to legally possess a firearm. You can contact the National Rifle Association (NRA) or the National Shooting Sports Foundation (NSSF) for more information about how to restore your civil rights.