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8.70 Firearms-Receipt by Person Under Indictment for Felony (18 U.S.C. Sec. 922(n))

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

8.70 Firearms-Receipt by Person Under Indictment for Felony (18 U.S.C. Sec. 922(n)) prohibits any person who has been indicted for a felony from receiving, possessing, or transporting in commerce any firearm or ammunition, unless the person has been indicted for a misdemeanor offense punishable by imprisonment for a term of two years or less. This law is a federal regulation and applies to all states. There are two types of 8.70 Firearms-Receipt by Person Under Indictment for Felony (18 U.S.C. Sec. 922(n)): 1. Receipt: This refers to the acquisition of firearms or ammunition by a person who has been indicted for a felony. This includes purchasing or receiving firearms or ammunition from any source, including a licensed firearm dealer. 2. Possession: This refers to the possession of firearms or ammunition by a person who has been indicted for a felony. This includes carrying, concealing, storing, or using the firearm or ammunition in any manner or place.

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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

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."

For any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes.

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.

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.

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.

§ 922(y)(2). These exceptions include possession of a valid hunting license or permit, admission for lawful hunting or sporting purposes, and foreign law enforcement officers of a friendly foreign government who enter the United States on official law enforcement business.

The GCA at 18 U.S.C. § 922(n) also makes it unlawful for any person under indictment for a crime punishable by imprisonment for a term exceeding one year to ship, transport, or receive firearms or ammunition.

More info

18 U.S.C. § 922(g) - Prohibited Persons ("Felon-in-Possession") . § 922(n) prohibits.Under Indictment for Felony (18 U.S.C. § 922(n)). 8.64. 8.70. Possessing, or using a firearm under section 2923. Firearm on his person at the time of arrest. Shipping, or receiving firearms or ammunition in interstate or foreign commerce under section 922(g) and. (n) of this chapter;. (2) proof that the person has obtained notice of relief from disabilities under 18 U.S.C. Section 925. Title IV, 18 U.S.C. ? 922 (1970), provides: (g) It shall be unlawful for any person-.

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8.70 Firearms-Receipt by Person Under Indictment for Felony (18 U.S.C. Sec. 922(n))