Criminal Defense of Federal and State Gun Control Laws.

18 U.S. Code §922

You may have been charged with owning, possession of or attempting to purchase a gun or firearm in violation of 18 U.S. Code §922.   This article discusses the criminal law as it relates to “prohibited acts” (crime) involving guns or firearms.  Two points, first we have provided a short summary of the prohibited acts under federal law pursuant to 18  U.S. Code §922. These issues are discussed in greater detail under the daughter pages linked below.  We will also discuss various defenses associated with violation prohibited acts under 18 U.S. Code §922.  This is not a full summary of §922 – the point here is to focus upon those gun possession crimes that are most common to the populace when they run afoul of §922 Federal gun control law.

Gun Law – 18 U.S. Code §922(G) Criminal of a firearm. The bullet points below are about criminal possession of a firearm.  If you are subject to any of these categories of classified person and are in possession of a firearm, you are committing a felony.

  1. If you have been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.  Note, it doesn’t matter that the conviction actually resulted in a term of imprisonment of less than one year or that you pled the case out on a deferred adjudication basis, what counts is the potential.  So if you pled to a case where you entered a plea of guilty in any form in exchange for deferred adjudication, or two years probated for six months for the purposes of this statute you have been convicted of a crime where the term of imprisonment is greater than one year.  You cannot be in possession of a firearm.
  2. If you are a fugitive from justice, if you are on the lam then you cannot be in possession of a firearm.
  3. If you are an unlawful user or addicted to any controlled substance, you cannot be in possession of a firearm.
  4. If a court has found you incompetent (mentally defective) or have been committed to a mental institution, you cannot be in possession of a firearm.
  5. If you have entered the United States illegally (an illegal alien), you cannot be in possession of a firearm.
  6. If you have entered into the United States on an non-immigrant visa, you are a visiting tourist for example, you cannot be in possession of a firearm.
  7. If you were discharged from the United States Armed Forces under dishonorable conditions, you cannot be in possession of a firearm.
  8. If you were a U.S citizen but have renounced your citizenship, you cannot be in possession of a firearm.
  9. If you are the subject of a court order that restrains you (“TRO” or “Protective Order”) from harassing, stalking, or threatening an intimate partner (your boyfriend or girlfriend) or their child, you cannot be in possession of a firearm.
  10. If you have been convicted in any court for the crime of misdemeanor family violence, you cannot be in possession of a firearm.

Gun Law – 18 U.S. Code §922(D) Criminal selling or disposing of ammunition or a firearm. The bullet points below are about criminally selling or disposing of a firearm to certain classes of people.

  1. It is a gun crime for any person to sell or give to any other person ammunition or a gun who has been convicted or is under criminal indictment for a term exceeding one year.  18 U.S. Code §9232(d)1.   So asking your brother or nephew to go be a stand in for you at the local Bass Pro Shop in order to obtain a firearm – you are asking them to commit a felony.
  2. It is a gun crime for any person to sell or give to any other person ammunition or a firearm who is a fugitive from justice.  So, if your buddy is on the lam we suggest that you not provide him or her any ammunition or firearm.  Turn your back and walk away, but if you didn’t and the Feds found you out, call today.
  3. It is a gun crime for any person to sell or give to any other person ammunition or a firearm who is an unlawful user of or addicted to any controlled substance as defined in 22 U.S. Code 802.
  4. It is a gun crime for any person to sell or give to another ammunition or a firearm who has been committed to any mental institution or found by a court to be mentally incompetent.
  5. It is a gun crime for any person to sell or give to another ammunition or a firearm who is an illegal alien.  You cannot sell or give to someone who is within the United States illegally a firearm.
  6. It is a gun crime for any person to sell or give to another ammunition or a firearm who is within the United States under a non-immigrant visa.”
  7. It is a gun crime for any person to sell or give to another ammunition or a firearm who has been dishonorably discharged from the United States Military.
  8. It is a gun crime for any person to sell or give to another ammunition or a firearm who has renounced their citizenship of the United States.
  9. It is a gun crime for any person to sell or give to another ammunition or a firearm who is the subject of a Temporary Restraining Order (“TRO”) or Protective Order that involves  harassing, stalking, or threatening an intimate partner or a child of that person.  If your friend is involved in a family law case and subject to a TRO or Protective Order, do not give to him or her ammunition or a gun.  In Texas it is routine for courts to issues Temporary Restraining Orders and Protective Orders, if you become involved in a family law case where these orders have been issued take your guns to your attorney for safe keeping. 
  10. It is a gun crime for any person to sell or give to another ammunition or a firearm who has been convicted of any misdemeanor crime of family violence.