FAQ's and Corrections! - The Legal Brief!

Published on March 15, 2017
Duration: 8:44

This episode clarifies several legal points regarding firearms. It corrects definitions of Any Other Weapons (AOWs), emphasizing that disguised firearms are not AOWs if they lose their disguise, and vice-versa. It also clarifies federal prohibition for unlawful drug users, specifically mentioning medical marijuana, and details the criteria for losing firearm rights based on state misdemeanor convictions. The status of the Hearing Protection Act and its potential impact on silencer trusts is also discussed.

Quick Summary

Under federal law, you are prohibited from possessing firearms if you have a state law misdemeanor conviction punishable by more than two years imprisonment. If the maximum punishment is two years or less, you are not prohibited federally. Medical marijuana users are considered unlawful drug users and are prohibited from firearm possession.

Chapters

  1. 00:00Introduction & Show Purpose
  2. 00:17TacPack Sponsor Segment
  3. 00:51Correcting AOW Misinformation
  4. 01:38Pen Gun & Belt Buckle Gun Clarification
  5. 02:08Curio and Relic Status
  6. 02:28Correcting Prohibited Person Criteria
  7. 03:14Viewer Questions & Legal Advice Disclaimer
  8. 03:58Medical Marijuana & Firearms Ownership
  9. 04:38Black Aces Tactical Firearm Classification
  10. 05:51AOW Concealability Presumption
  11. 06:15Hearing Protection Act (HPA) Update
  12. 07:03HPA Impact on Silencer Trusts
  13. 07:20Call for Corrections & Show Wrap-up
  14. 08:20Patriot Patch Sponsor Segment

Frequently Asked Questions

What makes a pen gun an Any Other Weapon (AOW) under federal law?

A true pen gun is considered an AOW if it resembles a pen but is capable of being concealed and discharging a shot. If a firearm folds down and looks like a handgun, it's generally not an AOW because it loses its disguised nature.

How does state misdemeanor conviction severity affect federal firearm rights?

Under federal law, you are prohibited from possessing firearms if you have a state law misdemeanor conviction punishable by more than two years imprisonment. If the maximum punishment is two years or less, you are not prohibited federally.

Can medical marijuana users own firearms in the US?

No, under federal law, individuals who use medical marijuana are considered unlawful users of a controlled substance and are prohibited from purchasing or possessing firearms and ammunition.

Why isn't the Black Aces Tactical firearm classified as a short-barreled shotgun or AOW?

It's not an SBS because its receiver was never a shotgun. It's not an AOW due to its vertical foregrip (preventing one-handed use) and its overall length exceeding 26 inches, which ATF considers too long to be presumptively concealable.

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