18 U.S.C. 922: "The Key to the Kingdom of Firearms Law" Open Thread

[Dave70968]

Because of the confusion surrounding this law in several threads I've seen (two of which are active at the time of this writing), I'd like to open a discussion thread on the topic for the benefit of all. As I said elsewhere:

18 U.S.C. 922 is a huge piece of law, with twenty-six clauses (it literally goes to "z"), each with subclauses. It deals with importing, manufacturing, licensing, personal possession, transportation, machine guns, etc. It's long, complex, and ugly to read. I usually have to read it two or three times to really parse it, and that's before you even get to the bits that require knowledge of caselaw or that have been delegated to rulemaking authority and/or attorney general (etc.) opinion.

Given that this is the major federal law affecting us, I think it's important for us to understand it. I'd like to help with that understanding. Most of you know that I'm an attorney, admitted to practice in Oklahoma. I'll answer your questions and discuss anything you'd like on the topic, with the understanding that A) I'm giving my opinion; others may have different opinions; B) nothing I say here constitutes legal advice; C) nothing said here has any sort of attorney-client or other privilege; and D) I'm giving the best I can generally, but this can be a highly technical and fact-specific matter, so little things can change a good answer to one that is dead wrong under particular circumstances.

If any of the other numerous attorneys on the board want to join in--particularly to point out any mistakes I make or t offer alternative opinions--I'd welcome you. Please identify yourself as a lawyer so we know you're speaking from a position of familiarity with law.

So...the text of 922 is at https://www.law.cornell.edu/uscode/text/18/922 . What's on your mind?

 

[C_Hallbert]

Because of the confusion surrounding this law in several threads I've seen (two of which are active at the time of this writing), I'd like to open a discussion thread on the topic for the benefit of all. As I said elsewhere:

18 U.S.C. 922 is a huge piece of law, with twenty-six clauses (it literally goes to "z"), each with subclauses. It deals with importing, manufacturing, licensing, personal possession, transportation, machine guns, etc. It's long, complex, and ugly to read. I usually have to read it two or three times to really parse it, and that's before you even get to the bits that require knowledge of caselaw or that have been delegated to rulemaking authority and/or attorney general (etc.) opinion.

Given that this is the major federal law affecting us, I think it's important for us to understand it. I'd like to help with that understanding. Most of you know that I'm an attorney, admitted to practice in Oklahoma. I'll answer your questions and discuss anything you'd like on the topic, with the understanding that A) I'm giving my opinion; others may have different opinions; B) nothing I say here constitutes legal advice; C) nothing said here has any sort of attorney-client or other privilege; and D) I'm giving the best I can generally, but this can be a highly technical and fact-specific matter, so little things can change a good answer to one that is dead wrong under particular circumstances.

If any of the other numerous attorneys on the board want to join in--particularly to point out any mistakes I make or t offer alternative opinions--I'd welcome you. Please identify yourself as a lawyer so we know you're speaking from a position of familiarity with law.

So...the text of 922 is at https://www.law.cornell.edu/uscode/text/18/922 . What's on your mind?

Thanks for taking your time on this.


Sent from my iPhone using Tapatalk

 

[mightymouse]

Thanks for taking your time on this.

I'll second this. I really appreciate the efforts Dave is making to clarify a complex legal issue.

 

[dennishoddy]

I'll ditto the effort Dave put in on this subject.
We all need to know the laws and understand them so we can counter the folks that want new gun regulations.
There is nothing left to cover from what I can see.
Not one new law other than confiscation would have prevented any of the modern mass shootings, and criminals do not care about laws.

 

[gerhard1]

I might stack the doo-doo on him from time to time (after all, he is a lawyer) but I also appreciate his presence and his efforts here. That said, ATF has said in the past that they will apply the state's laws in their enforcement of possession by individuals with disabilities.

What does this mean? Here is an example. You are a resident of Kansas, with a minor non-violent felony conviction, and you are not on state supervision, probation, etc. According to state law, you can now possess firearms. But according to the federal statute, you cannot. ATF told a group of dealers when we went to Topeka at their invitation that they will follow state laws in cases such as this and allow the person to possess. They also said to us that it gets complicated when the person is convicted in one state but is in another.

Any Dave, thanks again and I just thought to point out that little wrinkle.

 

[Dave70968]

It is a policy decision to exercise prosecutorial discretion. The person is still in violation of federal law, and the feds have the power to prosecute; they have chosen not to, but that choice can be reversed on a whim (such as, say, a change in the White House or the Attorney General's office).

 

[CorpsVet]

The same as the "legalization" of marijuana by some states.