FEDERAL FIREARM LAWS

PROJECT SAFE NEIGHBORHOODS: QUICK REFERENCE TO FEDERAL FIREARM LAWS MIDDLE DISTRICT OF GEORGIA

I. POSSESSION OR RECEIPT OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON:

18 USC § 922(g) - Punishable by up to 10 years imprisonment.

Pursuant to 18 USC § 924(e), may receive minimum sentence of 15 years without parole if offender has 3 or more prior convictions for a felony crime of violence (e.g., burglary, arson, extortion, assault) and/or drug trafficking felony.

Elements:

A. Knowing possession or receipt of a firearm or ammunition;

B. By a subject who falls within one of the following categories and knows that he/she falls into that category:

  • Felon - Includes persons convicted of a crime punishable by more than a year in prison. Additionally, persons awaiting trail of felony charges are prohibited from receiving firearms. See 18 USC § 922(n);

  • Drug User or Addict - Inference of current use may be shown by evidence of recent use or possession or pattern or use or possession that reasonably covers the present time (e.g. positive drug test, conviction for use or possession within past year);

  • Alien - Includes illegal aliens and non-immigrant aliens. This provision does not prohibit an alien with a “green card” from possessing guns or ammunition. Note: Certain exceptions in 18 USC § 922(y);

  • Person adjudicated as mental defective or committed to mental institutions;

  • Person subject to a domestic restraining order - The order must prohibit specific conduct against an intimate partner or child of either the intimate partner or person subject to the order and must have been issued after a hearing of which the subject was notified and at which the subject had an opportunity to participate. The order must also find that subject poses a credible threat to the physical safety of the intimate partner or child described above or must prohibit the use, attempted use, or threatened use of physical force;

  • Person with prior misdemeanor conviction for domestic violence - The prior conviction must be for a crime which has an element of the use or attempted use of physical force or the threatened use of a deadly weapon. It must have been committed by someone in a specific domestic relationship with the victim (e.g. spouse or former spouse, partner, parent or guardian). The subject must have been represented by counsel or waived that right and if entitled to a jury trial, had a jury trial or waived that right;

  • Fugitive from justice - Fled any state to avoid being prosecuted or to avoid testifying in any criminal proceeding; or

  • Person dishonorably discharged from the military;

C. AND, the firearm or ammunition was transported across state or international lines at any time. (Defendant need not have transported the firearm or known of its transportation across state or international lines.)

II. KNOWINGLY SELL, GIVE OR OTHERWISE DISPOSE OF ANY FIREARM OR AMMUNITION TO ANY PERSON WHO FALLS WITHIN ONE OF THE ABOVE CATEGORIES:

18 USC § 922(d) - Punishable by up to 10 years imprisonment.

III. USE, CARRY OR POSSES A FIREARM IN RELATION TO OR IN FURTHERANCE OF A FEDERAL DRUG FELONY OR A FEDERAL CRIME OF VIOLENCE:

18 USC § 922(c); 18 USC § 924(j) - Punishment ranges from at least 5 years up to life imprisonment without parole, or death if death results from the use of firearm. Sentence of imprisonment must be served consecutive to any other sentence. Mandatory minimum sentence increased depending upon: the type of firearm involved (short barreled rifle or shotgun, silencer, etc.); whether it is a second or subsequent offense; and whether gun was brandished or discharged.

IV. STOLEN FIREARM, AMMUNITION OR EXPLOSIVE:

A. 18 USC § 842(h); 922(i); & (j) - Punishable by up to 10 years imprisonment. May not knowingly transport or ship in interstate commerce or receive, possess, conceal, pledge or accept as security loan any stolen firearm, ammunition or explosive which has moved in interstate commerce.

B. 18 USC § 922(u) - Punishable by up to 5 years imprisonment. May not willfully steal or unlawfully take or carry away a firearm that has been shipped or transported in interstate commerce from the person or premises of a firearms license.

V. FIREARM IN A SCHOOL ZONE:

18 USC § 922(q)(2), (3) - Punishable by up to 5 years imprisonment. Generally, may not possess or discharge a firearm (that has moved in interstate commerce) in a school zone. (Note: Certain exceptions apply such as an unloaded firearm in a locked container.)

VI. KNOWINGLY POSSESS OR MANUFACTURE CERTAIN FIREARMS:

Various offenses punishable by up to 5 or 10 years imprisonment, depending on specific violation.

A. 26 USC § 5861 - Generally unlawful to possess any unregistered machine gun or any part designed or intended exclusively for use in converting a weapon into such weapon, firearm, silencer, sawed-off shotgun or file which meet specific length criteria, or destructive device (as defined in 26 USC § 5845)'; see also 18 USC § 922(o): generally unlawful to possess or transfer a machine gun made on or after May 19, 1996;

B. 18 USC § 922(k) - Generally unlawful to possess or received any firearm that has been moved in interstate commerce which has an obliterated serial number.

VII. SELL, DELIVER OR TRANSFER FIREARM OR AMMUNITION TO A JUVENILE:

A. 18 USC § 922(x)(1) - Punishable by up to 1 year imprisonment unless transferor had reason to believe juvenile would commit crime of violence with gun or ammunition, then up to 10 years imprisonment. May not sell, deliver or transfer a handgun or handgun-only ammunition to a person who is under age 18;

B. 18 USC § 922(x)(2) - A person under the age of 18 may not possess a handgun or handgun - only ammunition;

(Note: Certain exceptions apply to A & B, such as where juvenile possesses written permission of a parent.);

C. 18 USC § 922(b) - Punishable by up to 5 years imprisonment. A firearms licensee may not sell any gun or ammunition to anyone under the age of 18 and may not sell a handgun or handgun ammunition to a person under the age of 21.

FORFEITURE OF FIREARMS, AMMUNITION & EXPLOSIVES:

Firearms, as defined below, involved in the aforementioned violations, or violations of firearms registration or tax laws may be forfeited by ATF. Firearms involved in drug violations may be forfeited by other federal agencies. Both civil and criminal forfeiture are available. Civil forfeiture does not require a federal prosecution.

DEFINITION OF A “FIREARM”:

18 USC § 921(a)(3), (4) - Any weapon (including a starter gun) which will expel a projectile by means of an explosive or is designed or may be readily converted to do so. This includes the frame or receiver of any such weapon, any firearm muffler or silencer or any destructive device. A “destructive device” includes any explosive, incendiary or poison gas - (i) bomb; (ii) grenade or (iii) similar device, or any combination of parts designed or intended for use in converting any device into a destructive device, or from which a destructive device may be readily assembled. Does not include antique firearms.

FOR INFORMATION OR QUESTIONS OR TO MAKE A REFERRAL FOR PROSECUTION, PLEASE CONTACT:

  • Bureau of Alcohol, Tobacco, Firearms: Report a crime https://www.atf.gov/contact

  • Federal Bureau of Investigations: Submit a tip https://tips.fbi.gov/contact or 1-800-CALLFBI (225-5324)

  • Federal Defenders of the Middle District of Georgia, Inc: 478-743-4747 (Macon)/706-358-0030 (Columbus)/1-866-517-8892