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1/22/2020 12:12:56 PM
Posted: 1/18/2015 1:01:16 PM EST
I had always thought that any offense carrying a potential sentence of more than one year you were convicted of automatically disabled you federally from owning a gun.
It reads:
"Federal law establishes the baseline regarding the types of persons who are ineligible to purchase firearms. The federal Gun Control Act of 1968, codified at 18 U.S.C. § 922, generally prohibits the sale or posesession of firearms to any person who:

Has been convicted of, or is under indictment for, a crime punishable by imprisonment for more than one year"


Then i was reading this for a client who was also confused.

The term "crime punishable by imprisonment for a term exceeding one year” does not include
(A) any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the state as a misdemeanor and punishable by a term of imprisonment of two years or less. 18 U.S.C. § 921(a)(20). The term also does not apply to certain situations where the person has had his or her eligibility restored. See id. [?]
Link Posted: 1/18/2015 1:12:50 PM EST
[Last Edit: 1/18/2015 1:13:17 PM EST by ilove762NATO]
Originally Posted By jrzy:
I had always thought that any offense carrying a potential sentence of more than one year you were convicted of automatically disabled you federally from owning a gun.
It reads:
"Federal law establishes the baseline regarding the types of persons who are ineligible to purchase firearms. The federal Gun Control Act of 1968, codified at 18 U.S.C. § 922, generally prohibits the sale or posesession of firearms to any person who:

Has been convicted of, or is under indictment for, a crime punishable by imprisonment for more than one year"


Then i was reading this for a client who was also confused.

The term "crime punishable by imprisonment for a term exceeding one year” does not include
(A) any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the state as a misdemeanor and punishable by a term of imprisonment of two years or less. 18 U.S.C. § 921(a)(20). The term also does not apply to certain situations where the person has had his or her eligibility restored. See id. [?]
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Want me to confuse you even more?

Not all federal crimes are felonies (see Wesley Snipes).
Link Posted: 1/18/2015 2:28:51 PM EST
I thought charges with sentencing guidelines exceeding 1 year in prison is what defined a felony offense?
Link Posted: 1/18/2015 2:32:32 PM EST
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Originally Posted By Matt45:
I thought charges with sentencing guidelines exceeding 1 year in prison is what defined a felony offense?
View Quote
It was/is what defines a disabling of firearm rights, not the felony, felony is used so much because they for the most part are all over that one year sentence at a bare min.


Link Posted: 1/18/2015 2:34:33 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By ilove762NATO:

Want me to confuse you even more?

Not all federal crimes are felonies (see Wesley Snipes).
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By ilove762NATO:
Originally Posted By jrzy:
I had always thought that any offense carrying a potential sentence of more than one year you were convicted of automatically disabled you federally from owning a gun.
It reads:
"Federal law establishes the baseline regarding the types of persons who are ineligible to purchase firearms. The federal Gun Control Act of 1968, codified at 18 U.S.C. § 922, generally prohibits the sale or posesession of firearms to any person who:

Has been convicted of, or is under indictment for, a crime punishable by imprisonment for more than one year"


Then i was reading this for a client who was also confused.

The term "crime punishable by imprisonment for a term exceeding one year” does not include
(A) any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the state as a misdemeanor and punishable by a term of imprisonment of two years or less. 18 U.S.C. § 921(a)(20). The term also does not apply to certain situations where the person has had his or her eligibility restored. See id. [?]

Want me to confuse you even more?

Not all federal crimes are felonies (see Wesley Snipes).
It can be a misdemeanor exceeding one year in jail that can disable your gun rights.
(but not if the state law says)
"State offense classified by the laws of the state as a misdemeanor and punishable by a term of imprisonment of two years or less.
Link Posted: 1/18/2015 2:38:00 PM EST
Link Posted: 1/18/2015 2:45:38 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Aimless:
Two+ years
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Originally Posted By Aimless:
Originally Posted By jrzy:
Originally Posted By ilove762NATO:
Originally Posted By jrzy:
I had always thought that any offense carrying a potential sentence of more than one year you were convicted of automatically disabled you federally from owning a gun.
It reads:
"Federal law establishes the baseline regarding the types of persons who are ineligible to purchase firearms. The federal Gun Control Act of 1968, codified at 18 U.S.C. § 922, generally prohibits the sale or posesession of firearms to any person who:

Has been convicted of, or is under indictment for, a crime punishable by imprisonment for more than one year"


Then i was reading this for a client who was also confused.

The term "crime punishable by imprisonment for a term exceeding one year” does not include
(A) any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the state as a misdemeanor and punishable by a term of imprisonment of two years or less. 18 U.S.C. § 921(a)(20). The term also does not apply to certain situations where the person has had his or her eligibility restored. See id. [?]

Want me to confuse you even more?

Not all federal crimes are felonies (see Wesley Snipes).
It can be a misdemeanor exceeding one year in jail that can disable your gun rights.
(but not if the state law says)
"State offense classified by the laws of the state as a misdemeanor and punishable by a term of imprisonment of two years or less.
Two+ years
According to the federal statute it is based partly on what that state law says.


The term "crime punishable by imprisonment for a term exceeding one year” does not include
(A) any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the state as a misdemeanor and punishable by a term of imprisonment of two years or less. 18 U.S.C. § 921(a)(20). The term also does not apply to certain situations where the person has had his or her eligibility restored.
Link Posted: 1/18/2015 2:50:11 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By jrzy:
It can be a misdemeanor exceeding one year in jail that can disable your gun rights.
(but not if the state law says)
"State offense classified by the laws of the state as a misdemeanor and punishable by a term of imprisonment of two years or less.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By jrzy:
Originally Posted By ilove762NATO:
Originally Posted By jrzy:
I had always thought that any offense carrying a potential sentence of more than one year you were convicted of automatically disabled you federally from owning a gun.
It reads:
"Federal law establishes the baseline regarding the types of persons who are ineligible to purchase firearms. The federal Gun Control Act of 1968, codified at 18 U.S.C. § 922, generally prohibits the sale or posesession of firearms to any person who:

Has been convicted of, or is under indictment for, a crime punishable by imprisonment for more than one year"


Then i was reading this for a client who was also confused.

The term "crime punishable by imprisonment for a term exceeding one year” does not include
(A) any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the state as a misdemeanor and punishable by a term of imprisonment of two years or less. 18 U.S.C. § 921(a)(20). The term also does not apply to certain situations where the person has had his or her eligibility restored. See id. [?]

Want me to confuse you even more?

Not all federal crimes are felonies (see Wesley Snipes).
It can be a misdemeanor exceeding one year in jail that can disable your gun rights.
(but not if the state law says)
"State offense classified by the laws of the state as a misdemeanor and punishable by a term of imprisonment of two years or less.

IIRC, federal misdemeanors only come with one year sentences.

You can be sentenced consecutively though, as Snipes was.
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