Citation(s) from the literature library

Krouse, William J. 2012 ‘Firearms Transfer and Possession Eligibility.’ Gun Control Legislation, pp. 15-16. Washington, DC: United States Congressional Research Service. 14 November

Relevant contents

Firearms Transfer and Possession Eligibility

Under current law, there are nine classes of persons prohibited from shipping, transporting, receiving, or possessing firearms or ammunition:

- persons convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
- fugitives from justice;
- unlawful users or addicts of any controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. §802));
- persons adjudicated as "mental defective" or committed to mental institutions;
- unauthorized immigrants and nonimmigrant visitors (with exceptions in the latter case, which have changed—effective July 9, 2012—as described below);
- persons dishonorably discharged from the U.S. Armed Forces;
- persons who have renounced their U.S. citizenship;
- persons under court-order restraints related to harassing, stalking, or threatening an intimate partner or child of such intimate partner; and
- persons convicted of a misdemeanor crime of domestic violence(54).

In addition, there is a 10th class of persons prohibited from shipping, transporting, or receiving firearms or ammunition:

- persons under indictment in any court of a crime punishable by imprisonment for a term exceeding one year(55).

It also unlawful for any person to sell or otherwise dispose of a firearm or ammunition to any of the prohibited persons enumerated above, if the transferor (seller) has reasonable cause to believe that the transferee (buyer) is prohibited from receiving those items(56).

Sources cited:

54) 18 U.S.C. §922(g).
55) 18 U.S.C. §922(n).
56) 18 U.S.C. §922(d).
[18 U.S.C. = Gun Control Act of 1968, as amended]

ID: Q6685

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