Firearm Offenses - Material Defined (revised 2014)

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Multi-State
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US-3RDCIR-6-18-922A-3-CR
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Word
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Firearm Offenses - Material Defined (revised 2014) Source: http://www.ca3.uscourts.gov/model-criminal-jury-table-contents-and-instructions

Firearm Offenses — Material Defined (revised 2014) is a set of regulations published by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that defines the various types of firearms offenses and the associated penalties for violations. The 2014 revision provides the most up-to-date definitions and guidelines for firearm-related offenses. It includes definitions of such offenses as illegal possession, illegal sale, illegal manufacture, illegal importation, and illegal use of firearms. The revised version also includes penalties for violations and offers information on the types of firearms that are subject to the law. The types of firearm offenses defined by the revised 2014 version include: 1. Possession of a Firearm by a Prohibited Person 2. Unlawful Transfer of a Firearm 3. Unlawful Possession of a Firearm 4. Unlawful Possession of a Firearm with an Altered Serial Number 5. Unlawful Possession of a Firearm with an Obliterated Serial Number 6. Unlawful Possession of a Firearm with a Defaced Serial Number 7. Unlawful Possession of a Firearm Not Registered or Licensed to the Possessor 8. Unlawful Manufacture of a Firearm 9. Unlawful Sale of a Firearm 10. Unlawful Importation of a Firearm 11. Unlawful Use of a Firearm in the Commission of a Crime 12. Unlawful Possession of an Unregistered Firearm 13. Unlawful Possession of a Firearm with an Expired or Revoked License 14. Unlawful Possession of a Firearm by a Felon or Domestic Violence Offender 15. Unlawful Possession of a Machine Gun 16. Unlawful Possession of a Short-Barreled Rifle or Shotgun 17. Unlawful Possession of an Unconventional Firearm 18. Unlawful Possession of a Destructive Device 19. Unlawful Possession of a Silencer 20. Unlawful Possession of a Stolen Firearm 21. Unlawful Possession of an Explosive Device 22. Unlawful Possession of an Inert Explosive Device. The revised 2014 version of the Firearm Offenses — Material Defined provides updated definitions and penalties for each of these offenses, as well as further guidance on the ATF's regulations and policies related to firearms.

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FAQ

Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.

To obtain a conviction under Section 922(g), the government must prove beyond a reasonable doubt that (1) the defendant had previously been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) the defendant knowingly possessed a firearm; and (3) the firearm had previously passed in

(3) The term "firearm" means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device.

Title 18, United States Code, Section 922(g) makes it unlawful for certain classes of individuals to ship, transport, possess or receive any firearm or ammunition with the required interstate commerce nexus.

Further, the GCA at 18 U.S.C. § 922(d) makes it unlawful to sell or otherwise dispose of firearms or ammunition to any person who is prohibited from shipping, transporting, receiving, or possessing firearms or ammunition.

POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON: 18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment.

Any person who has been ?adjudicated as a mental defective? or ?committed to a mental institution? is prohibited under Federal law from shipping, transporting, receiving, or possessing any firearm or ammunition.

§ 922(g) prohibits certain persons from shipping, transporting, possessing, or receiving a firearm or ammunition while subject to a prohibition from doing so, most commonly because of a prior conviction for a felony offense. 2 18 U.S.C. § 924(e) requires a 15-year mandatory minimum penalty be.

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Firearm Offenses - Material Defined (revised 2014)