NEW GUNS, USED GUNS, GUN TRANSFERS, AND THE LAW

Last month, we looked at the laws regarding gun ownership.  This time around, we’ll visit the subject again by seeing what federal statutes say about who can and cannot own firearms.  These statutes apply to both new guns and used guns, and they also lay down some strict rules about gun transfers.

Special note: gun control is a topic of much debate, both inside the forearms-owning community as well as society in general.  The purpose of these posts isn’t to take a particular side on the issue, but simply to give readers correct information that’s free of “spin” or bias.  You are encouraged to express your own thoughts on these matters to your elected representatives. 

Hopefully, these articles will help readers to more fully understand all of the factors involved in the current controversy.  It’s with this intention in mind that we present them here.  Further information is available on the Department of Justice’s website at this link. 

Persons Who May Not Possess Firearms
The following types of persons may not receive, possess, or own guns, according to federal law:

1. Those who have been convicted of a felony at any time in their lives.  Additionally, those awaiting trial for a felony may not receive new firearms, but can retain possession of the ones they already own.

2. Drug users or addicts, as established by evidence such as possession of drug paraphernalia, a positive result on a drug test, or by self-admission of the user or addict.

3. Aliens, including both those in the US illegally as well as those in the country legally under temporary visas.  Those who have achieved permanent resident or citizenship status are not bound by this restriction.

4. Suspects of a domestic restraining order.  For this condition to apply, the order must forbid the person from contacting a spouse/significant other (such as boyfriend or girlfriend) or child.  The order must also have been applied after a legal hearing that the person was allowed to participate in.  Finally, the restraining action has to declare that the person is either a real or potential threat to the spouse/significant other or child. 

5. Those who have been convicted of a domestic assault charge.  This includes convictions for assault on a current or past spouse or domestic partner, child, or child’s guardian. 

6. Fugitives from justice, including those who flee to avoid being prosecuted or to avoid giving testimony in a legal case.

7. Anyone who has been dishonorably discharged from the US military is forbidden to transport a gun across state lines.  However, possession in and of itself is not forbidden purely on the basis of a dishonorable discharge.

Additional Federal Restrictions Regarding Firearms Use or Possession
1. Anyone who knowingly gives or sells a firearm, or ammunition for a firearm, to any of the types of persons named above will be subject to punishment of up to 10 years in prison.

2. Anyone who uses or has in his or her possession a firearm during the commission of a violent federal crime, or while committing a drug-related felony, will receive a minimum of five years in prison.  The penalty can be more severe, up to and including the death penalty, if the crime resulted in the death of a human being.

3. A sentence of up to 10 years in prison will be applied to anyone who possesses, receives, stores, or transports across state lines a stolen firearm, ammunition for firearms, and/or explosives.
4. Anyone who possesses or discharges a firearm within a school zone will be punished by up to five years in prison.

5. Selling, delivering, or transfer a firearm to a juvenile is punishable by up to one year of imprisonment, unless the person who provided the gun had grounds for believing that the juvenile would commit a violent crime with the weapon.  In such cases, a sentence of as much as 10 years in prison may be imposed.

6. A federally licensed firearms dealer may not sell a gun or ammunition for a rifle or shotgun to those less than 18 years of age.

7. A federally licensed firearms dealer may not sell a handgun or handgun-only ammunition to those less than 21 years of age.

8. A person under 18 may not possess a handgun or handgun-only ammunition, except in cases where the minor has the written permission of one of his or her parents.

When Can the Government Seize Firearms?
Under current laws, government agents may confiscate firearms only in precisely described circumstances, such as when the weapons were used to commit crimes.  Strict time limits and other limitations apply to the government’s ability to do so, however.  The details of this subject are complex in nature and beyond the scope of this article.  Interested parties are encouraged to contact the Bureau of Alcohol, Tobacco, and Firearms (BATF) and/or the Justice Department with any specific questions or concerns about this matter.

Be Careful Who You Believe
As with any controversial issue, the subject of gun control attracts its share of those who seek to stir up trouble and/or gain publicity for themselves, even at the cost of misinforming others.  The Internet is filled with websites run by such persons.  Because of this, we encourage readers of this article to be skeptical of any claims they read or hear, until and unless the information is verified by established media sources, organizations, or government authorities.  There are people out there who would love to see responsible, law-abiding gun owners act in haste.  Don’t give them what they want.  Take the time to become knowledgeable about all laws pertaining to your firearms, such as purchase of firearms and gun transfers.

Dury’s – Your Source for Quality Pre-Owned Firearms
With the prices of new guns going through the roof, used weapons are a smarter buy than ever before.  Of course, it only makes sense to be sure of a weapon’s quality before purchasing it.  That’s why you should do business with Dury’s.  Our experts go over every firearm we sell with a fine-toothed comb, to ensure that it’s accurate, reliable, and safe.  Browse our online selections and place your order today.