fed_crim_law_firarms Flashcards
Firearm
Weapon expel a projectile by explosive (frame or receiver of such weapon). Silencer destructive device, bombs – NOT ANTIQUES or AIR POWERED
Prohibited Person
Convicted Felon Fugitive from Justice Drug User/Addict Person Adjudicated/commit Mentally Illegal Aliens (except lawful admitted) Persons w/dishonorable discharge Renounce US Citizen (Court Order) Domestic Relations Restraining Orders Misdemeanor Domestic Violence Pardon or Expungement
Convicted Felon
Convicted of crime punishable by imprisonment for term exceeding 1year. not foreign courts
Exceptions: (1)felon anti trust, unfair trade, restraints of trade, business practice (2) state offense classified as misdemeanor (punishable of 2years or less)
Misdemeanor Crimes of Domestic Violence
Element use or attempted use of physical weapon, committed by current or former spouse, parent, guardian of victim, etc…
Must have represented by attorney
Must has opportunity for jury trial
Prohibited applies to person convicted at any time, even prior to date of enactment (1996)
Pardon or expungement
No longer disqualified (unless states may not possess firearm)
EPO# 6
Identify categories of individuals prohibited from possessing firearms
Convicted Felon Fugitives from Justice Un-honorable Discharge Mentally ill Immigrants Renounced U.S. Citizens Drug Addict Domestic Relations Restraining Order Domestic Violence (Misdemeanor)
Commerce Clause
Commerce Clause:
U.S.C. does not permit Congress w/power to regulate firearms, congress relies upon enumerated power
At trial the government must provide a connection (NEXUS) b/w each firearm offense & interstate commerce
EPO 8 Identify the weapon listed in Title 18 USC $ 922(a)(4) that require registration with the ATF and weapons prohibited on a federal facility.
Dangerous weapon:
Weapon or substance capable of causing death or serious bodily harm (knife 2 ½ inches or longer); state & fed officers exempt (some facilities require LEO check in)
Required Registration 26 USC § 5845(a) (ATF):
-Short Barrel shotguns:
made from shotgun barrel less than 18 inches in length or overall length less than 26inches (from breach to end of barrel)
-Short barrel rifles
made from shotgun barrel less than 16 inches in length or overall length less than 26inches (from breach to end of barrel)
-Machine guns,
Shoots or designed to shoot or can be readily made, restored to shoot automatically (more than 1shot, w/o manual reloading, by single pull of trigger); includes frame/receiver
-Silencers/mufflers
-Destructive devices
Any explosive, incendiary, poinson gas, bomb, grenade, rocket, missle(.25oz of explosive), mine or similar device