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

Published on January 26, 2017
Duration: 9:43

This episode of 'The Legal Brief' by Adam Kraut, Esq. provides an objective overview of federal laws defining 'prohibited persons' under the Gun Control Act. It details categories such as felony convictions, unlawful drug use, mental health adjudications, domestic violence misdemeanors, and those subject to restraining orders, while also outlining potential pathways for rights restoration.

Quick Summary

Federal law, under 18 U.S.C. § 922(g), defines prohibited persons as those convicted of crimes punishable by over one year, fugitives, unlawful drug users, individuals adjudicated as mentally defective, those committed to mental institutions, illegal aliens, and others with specific conduct or orders against them. Restoration pathways include federal relief programs, court challenges, and state options like pardons.

Chapters

  1. 00:00Introduction & 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 & Status
  6. 02:55Exceptions for Non-immigrant Aliens
  7. 03:45Prohibited Categories: Conduct & Orders
  8. 05:07Defining Crimes Punishable by One Year
  9. 06:32Restrictions on Prohibited Persons
  10. 07:07Options for Rights Restoration
  11. 08:51Conclusion & Resources

Frequently Asked Questions

What does federal law define as a 'prohibited person' regarding firearm ownership?

Federal law, under 18 U.S.C. § 922(g), defines prohibited persons as those convicted of crimes punishable by over one year, fugitives, unlawful drug users, individuals adjudicated as mentally defective, those committed to mental institutions, illegal aliens, and others with specific conduct or orders against them.

Are there any exceptions for non-immigrant aliens regarding firearm prohibitions?

Yes, certain non-immigrant aliens may be exempt if they possess a valid hunting license, are official foreign government representatives, or are foreign law enforcement officers on official business. These exceptions are detailed in federal statutes.

How can an individual restore their firearm rights if they are a prohibited person?

Restoration pathways include the unfunded Federal Firearms Relief program, 'as-applied' Second Amendment court challenges, and potentially state-level options like pardons or expungements, depending on the specific offense and jurisdiction.

What is the significance of the 'one year' rule in determining firearm prohibition?

The 'one year' rule refers to the maximum potential punishment for a crime. Conviction of a crime punishable by more than one year generally prohibits firearm possession, though certain white-collar crimes and specific state misdemeanors are excluded from this definition.

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