Guide · Criminal
Firearms Law: A Comprehensive Guide to Purchase, Possession, Prohibited Persons, Transport, and Restoration
18 U.S.C. § 921
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-06-21
- Topic
- Criminal
This guide covers firearms law from acquisition through prosecution and rights restoration. It begins with the three-layer structure of federal, state, and local regulation and the reasons federal law does not preempt the field. A full part addresses the prohibited person categories, including the misdemeanor and restraining order provisions that catch people who have never been convicted of a felony, and the knowledge element the Supreme Court added. Separate parts cover purchases from dealers and private sellers, straw purchase liability, the National Firearms Act registration regime, interstate transport and the statutory safe harbor, and carry permits and reciprocity. Further parts address the constitutional framework, criminal defense strategy including suppression and the categorical approach to prior convictions, extreme risk protection orders, and the routes by which firearm rights can be restored. The guide closes with estate planning, industry licensing, worked problems, and a reference section. Authority is cited and linked throughout.
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