Gun-control legislation has been at the forefront of the political agenda since the Sandy Hook shooting in December 2012. This recent concern has prompted President Barack Obama to propose new legislation for firearm use.
The proposed laws are set to pass through Congress in May and will strengthen current gun-control measures by providing mandatory, thorough background checks, higher penalties for not following the law, and incentives for states sharing background check information.
During these critical times of political change, it is important to determine exactly what a firearm is under the federal law and how the law may apply to you and your criminal record.
Federal law defines a firearm under Section 26 USC 5845 as:
- A shotgun having a barrel or barrels of less than 18 inches in length;
- A weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
- A rifle having a barrel or barrels of less than 16 inches in length;
- A weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
- Any other weapon, as defined as “Any other weapon” meaning “any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire;
- A machinegun;
- Any silencer (as defined in section 921 of title 18, United States Code); and
- A destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.
This federal definition of firearms is important to acknowledge when considering the restoration of your firearm rights. If you have a misdemeanor domestic violence on your criminal record, you may fall under the federal firearm rights ban known as the Lautenberg Amendment and possibly hire a law firm to have your record expunged. The act, effective since 1996, bans shipment, transportation, ownership, and use of guns or ammunition by individuals convicted of an offense that meets the federal definition of misdemeanor domestic violence. Additionally, you may be prohibited if you have a felony conviction.
Firearm rights vary from state to state. When a state allows the restoration of firearm rights, the federal ban acknowledges the state’s laws and the ban is lifted.
Tean
Latest posts by Tean (see all)
- Indiana Expungement Bill Closer to Becoming Law - May 2, 2013
- Federal Definition of a Firearm and the Right to Possess - March 28, 2013
No related posts.
