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8.64 Firearms-Unlawful Shipment or Transportation (18 U.S.C. Sec. 922(g))

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

8.64 Firearms-Unlawful Shipment or Transportation (18 U.S.C. Sec. 922(g)) is a federal law that prohibits persons who are subject to certain federal prohibitions from knowingly shipping, transporting, receiving, or possessing any firearm or ammunition in interstate or foreign commerce. These persons include: felons, fugitives, drug users, persons who have been adjudicated as mentally defective, those who have been dishonorably discharged from the armed forces, those who have renounced their US citizenship, those who are subject to certain domestic violence restraining orders, and those who are unlawfully in the US. The different types of 8.64 Firearms-Unlawful Shipment or Transportation (18 U.S.C. Sec. 922(g)) are as follows: 1. Felons: Persons convicted of a crime punishable by imprisonment for more than one year. 2. Fugitives: Persons who have fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding. 3. Drug Users: Persons who are illegally or unlawfully in the possession of a controlled substance. 4. Mentally Defective Persons: Persons who have been adjudicated as mentally defective or have been committed to a mental institution. 5. Dishonorably Discharged Persons: Persons who have been discharged from the armed forces under dishonorable conditions. 6. Renounced US Citizens: Persons who have renounced their US citizenship. 7. Domestic Violence Restraining Orders: Persons who are subject to certain domestic violence restraining orders. 8. Unlawful US Residents: Persons who are unlawfully in the US.

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FAQ

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

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.

§ 922(g)(1) is a federal gun crime. This law bans people with a felony record from having a firearm. If a person with this type of criminal record is caught with a gun, then he may face a 922(g)(1) charge. In sum, this is the felon-in-possession of a firearm law.

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.

§ 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.

Title 18 U.S.C. §§ 922(d)(8) and (g)(8) concern the prohibition against disposal of firearms to, or receipt or possession of firearms by, persons who are subject to domestic violence protection orders.

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.

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

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8.64 Firearms-Unlawful Shipment or Transportation (18 U.S.C. Sec. 922(g))