Possession of Stolen Firearm (18 U.S.C. Sec. 922(j))

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US-3RDCIR-6-18-922J-CR
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Possession of Stolen Firearm (18 U.S.C. Sec. 922(j)) Source: http://www.ca3.uscourts.gov/model-criminal-jury-table-contents-and-instructions

Possession of Stolen Firearm (18 U.S.C. Sec. 922(j)) is a federal law that makes it illegal for any person to possess a firearm that has been stolen or unlawfully obtained. This law applies to all firearms regardless of their origin, including handguns, rifles, and shotguns. It also applies to any parts or components of a firearm, such as ammunition, silencers, and barrel shrouds. Under 18 U.S.C. Sec. 922(j), there are two types of unlawful possession of a stolen firearm: 1. Possession with Knowledge: This type of possession occurs when a person knows the firearm has been stolen or obtained unlawfully; 2. Possession with Reckless Disregard: This type of possession occurs when a person has reason to believe the firearm has been stolen or obtained unlawfully, but still obtains or possesses it. The penalties for violating 18 U.S.C. Sec. 922(j) can include up to 10 years in prison, a fine of up to $250,000, or both. Additionally, the possession of a stolen firearm may be considered a felony in some states.

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FAQ

Interstate or foreign commerce.

Under Prop 47, anybody possessing a stolen firearm worth $950 or less who has been apprehended by police must be charged with a misdemeanor. If no others crimes were committed, no arrest can be made. All the police can do is issue a ticket and summons to appear in court.

The penalty provision for a violation of § 922(g) appears at 18 U.S.C. § 924(a)(2), which provides that a person who "knowingly" violates § 922(g) "shall be fined as provided in this title, imprisoned not more than 10 years, or both."

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

(i) It shall be unlawful for any person to transport or ship in interstate or foreign commerce, any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.

Section 922(g) for possessing ammunition and having previously been convicted of a felony. The charge carries a maximum penalty of ten years in prison.

Carrying a loaded stolen firearm makes the charge a felony, punishable for upwards of 16 months, 2 or 3 years in a State Prison. You would be required to serve 50% of that time in custody. 4. PC 25850(a)/PC 25850(c)(6): These sections involve a non-registered person possession of the loaded firearm.

The penalty provision for a violation of § 922(g) appears at 18 U.S.C. § 924(a)(2), which provides that a person who "knowingly" violates § 922(g) "shall be fined as provided in this title, imprisoned not more than 10 years, or both."

More info

Section. 922(j) requires proof that the defendant knew or had reasonable cause to believe that the firearm was stolen. POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED.18 U.S.C. § 922(j). (a) <

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Possession of Stolen Firearm (18 U.S.C. Sec. 922(j))