When you give up your GUN RIGHTS - The Legal Brief!

Published on January 26, 2017
Duration: 9:43

This video from The Gun Collective, featuring attorney Adam Kraut, provides an expert-level overview of federal laws defining 'prohibited persons' under 18 U.S.C. § 922(g). It details various categories of individuals barred from possessing firearms and ammunition, outlines exceptions for certain non-immigrant aliens, and discusses potential pathways for rights restoration, such as federal relief (currently unfunded) and legal challenges. The episode also touches on sponsorship from Circle 10 AK and promotes Adam Kraut's candidacy for the NRA Board of Directors.

Quick Summary

Federal law defines 'prohibited persons' under 18 U.S.C. § 922(g) as individuals disqualified from firearm possession due to factors like felony convictions, fugitive status, unlawful drug use, mental health adjudications, illegal alien status, dishonorable discharge, renounced citizenship, domestic violence convictions, or restraining orders.

Chapters

  1. 00:00Introduction and NRA Ballot Info
  2. 00:26Circle 10 AK Sponsorship
  3. 00:43Purpose of The Legal Brief
  4. 01:24Definition of Prohibited Persons
  5. 02:08Prohibited Categories: Felonies and Status
  6. 02:55Exceptions for Non-immigrant Aliens
  7. 03:45Prohibited Categories: Conduct and Orders
  8. 05:07Defining Crimes Punishable by One Year
  9. 06:32Restrictions on Prohibited Persons
  10. 07:07Options for Rights Restoration
  11. 08:51Conclusion and Resources

Frequently Asked Questions

Who is considered a 'prohibited person' under federal firearms law?

Under federal law, specifically 18 U.S.C. § 922(g), a 'prohibited person' includes individuals convicted of crimes punishable by over one year, fugitives, unlawful drug users, those adjudicated as mentally defective, illegal aliens, dishonorably discharged military personnel, those who renounced U.S. citizenship, individuals subject to domestic restraining orders, and those convicted of misdemeanor domestic violence.

What are the main federal restrictions for prohibited persons regarding firearms?

Federal law prohibits individuals classified as 'prohibited persons' from shipping, transporting, possessing, or receiving any firearms or ammunition in interstate or foreign commerce. This effectively bars them from legally owning or handling firearms and ammunition nationwide.

Are there any ways for a prohibited person to restore their firearm rights?

Potential pathways for rights restoration include seeking Federal Firearms Relief, though it is currently unfunded by Congress. 'As-applied' court challenges and state-level options like pardons or expungements may also be available, depending on the specific circumstances and jurisdiction.

What is the significance of the 'one year' rule in federal firearms law?

The 'one year' rule refers to the potential imprisonment for a crime. Federal law prohibits possession of firearms if convicted of a crime punishable by imprisonment for a term exceeding one year. This rule excludes certain white-collar crimes and some state misdemeanors that might otherwise seem disqualifying.

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