Federal Criminal Law (Federal Firearms Offenses) Flashcards
John, a college student, became psychologically depressed. He leaves school to participate in a voluntary in-patient mental health counseling, where he is treated with Thoramaxaphilisophazine, a fairly new addition to the controlled substances act. While being treated, John tried to enlist in the Army, but was rejected because he was using Thoramaxaphilisophazine, prescribed by a doctor. Thoramaxaphilisophazine is a controlled substance used to treat depression. On his way home from one of his counseling sessions, John was stopped for a traffic violation. Officers lawfully obtained his consent and searched his car. They found a firearm properly stored in the trunk pursuant to law. John told the police it was his pistol. Based on these facts is John allowed under federal law to possess the firearm?
ANSWERS
a. John is not allowed to possess the firearm, because he was in an in-patient mental health counseling program.
b. John is not allowed to possess the firearm, because he was treated with Thoramaxaphilisophazine, a controlled substance.
c. John is not allowed to possess the firearm, because he was rejected for enlistment in the Army because of his drug treatment for depression.
d. John is allowed to possess firearm.
d. John is allowed to possess firearms. CORRECT: There are no statutory prohibitions identified in these facts what would prohibit John from possessing a firearm. It is the illegal consumption of controlled substances or addiction to controlled substance that is prohibited by statute
Which of the following cannot, under any circumstances, be a firearms violation under the Gun Control Act?
ANSWERS
a. Possession of a firearm by an illegal alien.
b. Possession of a firearm by a felon, who has a pardon for his felony conviction.
c. Possession of a firearm by someone with a state two year DUI misdemeanor conviction.
d. Possession of a firearm by someone who is using cocaine.
c. Possession of a firearm by someone with a state 2 year DUI misdemeanor conviction. CORRECT: A two misdemeanor DUI conviction under state law is a misdemeanor under federal law. This cannot be a firearms violation under the Gun Control Act.
A firearm was obtained as evidence from a crime scene. A brand new investigator trained at FLETC submits the correct information in order to trace the firearm. What will the firearms trace provide?
ANSWERS
a. A trace will provide a list of all previous owners of the firearm.
b. A trace will provide a list of all firearms owned by the person who purchased the firearm.
c. A trace will provide a list of all related firearms used at the crime scene.
d. A trace will provide a list of the commercial participants and the first retail purchaser of the firearm.
d. A trace will provide a list of the commercial participants and the first retail purchaser of the firearm. CORRECT: A firearms trace will provide the commercial retail process from manufacturing to the subsequent initial retail purchase of the firearm (to include all intermediate retail) steps.
What information is required to trace a firearm?
ANSWER
a. Retailer, model date of purchase and serial number.
b. Manufacturer, wholesaler, retailer & first retail purchaser.
c. Serial number, model, caliber / gauge, manufacturer.
d. Manufacturer, serial number, retailer, date of purchase
c. Serial number, model, caliber / gauge, manufacturer. CORRECT: A firearms trace requires: manufacturer, model, serial number, caliber/gauge.
Pursuant to federal statute, what items are illegal to possess in a federal facility?
ANSWER
a. A knife with a blade under 2 ½ inches long.
b. A knife that has a blade that is 2 inches long.
c. A knife that has a blade that is 2 ¼ inches long.
d. A knife that has a blade that is 2 1/2 inches long.
D.
Pursuant to a federal firearm statute, which of the following firearms must be registered and a tax paid?
ANSWER
a. A rifle that has a barrel length of exactly 16 inches.
b. A shotgun that has a barrel length of 18 ¼ inches.
c. A rifle that has an overall length of 26 ½ inches.
d. A machine gun with a barrel length that is exactly 16 inches.
d. A machine gun with a barrel length that is exactly 16 inches. CORRECT: All machine guns regardless of barrel length must be registered and a tax paid.
define what a firearm is
any weapon that will expel or is designed to expel a projectile by explosion
What is included under the definition of a firearm?
- the frame or receiver
- silencers, destructive devices( explosive, incendiary, or poison gas)
what are excluded under the definition of a firearm
- antique firearms
- replicas of antiques
- air powered weapons (pellet/BB)
What is actual possession?
The firearm is physically on the person
what is constructive possession?
person is in control of the firearm (i.e. in their home, car, etc.)
T or F? Individuals convicted of state misdemeanors punishable by 2 or less years in prison are legally allowed to own a firearm?
True
Can an individual who has been pardoned for a felony offense own a firearm?
Yes, unless their pardon expressly states that weapon possession is still prohibited
What convicted felons are exceptions to the prohibited person rule
those convicted of White collar crime
Prohibited Persons
- convicted felons
- Fugitives from justice
- drug users
- illegal aliens
- persons adjudicated mentally defective
- dishonorably discharged
- misdemeanor crimes of domestic violence
- renounced US citizenship
- domestic relations restraining orders
- misdemeanor crimes of domestic violence
