Federal Criminal Law Firearms EPO #1

EPO #1: Identify categories of individuals prohibited from possessing firearms. (LGD handbook pp. 155-159)

1. Convicted Felons 

2. Fugitives from Justice  

3. Drug users/addicts 

4. Persons Adjudicated Mentally Defective 

5. Illegal Aliens 

6. Persons with Dishonorable Discharges

7. Renounced U.S. Citizenship 

8. Domestic Relations Restraining orders 

9. Misdemeanor Crimes of Domestic Violence 

Identify categories of individuals prohibited from possessing firearms.

Exceptions to the Convicted Felons 

• Nonviolent, white collar crimes such as individuals convicted of a federal or state offense pertaining to antitrust violations, unfair trade practices, restraints on trade or similar offenses resulting to the regulation of business practices 

• Misdemeanor-level state offenses that are punishable by a term of imprisonment of two years of less 

• Pardons are exceptions, unless the pardon expressly states that weapon possession is still prohibited

Fugitives from Justice  

• Any person who has fled from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceedings 

Drug users/addicts 

• Includes both unlawful users of drugs and those addicted to a controlled substance

• Just because the state approves marijuna, does not make it ok to smoke it. IT IS A FED law. 

Persons Adjudicated Mentally Defective 

• Think of Judge/court, they make the decision 

• Any person who has been adjudicated by a court as a mentally defective or who has been committed by a court to be a mental institution cannot possess a firearm. 

• NOTE: Voluntary treatment or counseling does not qualify a person for this prohibition 

Domestic Relations Restraining orders 

• Any person who is subject to a court order restraining them from harassing, stalking, or threatening an intimate partner, or child of such intimate partner.  

Misdemeanor Crimes of Domestic Violence 

• Any person who has been convicted of a misdemeanor of crime of domestic violence.

Felon

Renounced citizenship 

Alien 

Mentally defective (adjudicated) 

Fugitive 

Dishonorable discharge 

Drugs 

Domestic relations restraining order

Domestic violence conviction (misdemeanor)

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