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.

Firearms Law: A Comprehensive Guide to Purchase, Possession, Prohibited Persons, Transport, and Restoration

Criminal > Firearms and Weapons | Published 21 June 2024 - Updated 17 June 2026 | UpLaw - uplaw.us

Orientation

Firearms law is three systems stacked on one another. Federal law sets a floor and defines who may not possess. State law regulates above that floor, often far above, and varies more than in almost any other subject. Local law adds a third layer in some jurisdictions.

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