Gun Lawyer

The Second Amendment to the United States Constitution that guarantees all of the people in the country the right to “keep and bear arms” is an especially controversial segment of the country’s founding documents. As it stands, though, this Amendment remains unchallenged and in effect nationwide, albeit with several restrictions both in federal laws and the laws of various individual states.

Navigating the complex web of firearm regulations in the United States can be difficult even for a law-abiding citizen and if you are currently facing gun-related criminal charges, it can be practically impossible. Fortunately, you have assistance available from a knowledgeable gun lawyer who knows how to handle situations like yours in the most effective way possible.

Who Is Federally Prohibited from Possessing Firearms?

Each U.S. state has its own restrictions on the possession, ownership, sale, purchase, and even modification of firearms, and going through the rules for all 50 states would be time-consuming and not all that productive. What is helpful for just about every firearm owner in America to understand, though, is who federal law prohibits from lawfully possessing firearms, as these restrictions are virtually always folded into gun laws at the state level.

18 U.S. Code §922 is the section of federal law that directly addresses this issue. Under subsection (g), anyone who meets any of the following criteria is federally prohibited from buying, purchasing, possessing, selling, or transporting over state lines any kind of firearm or ammunition:

• Previously convicted of or currently awaiting trial for a felony offense
• Previously convicted of domestic assault or an equivalent domestic violence offense
• Previously received a dishonorable discharge from the U.S. military
• Currently a fugitive from justice
• Currently using and/or addicted to any controlled substance(s)
• Currently an “alien” in the United States, a term which includes both unlawful aliens and people here lawfully on non-immigrant visas
• Currently subject to any kind of restraining or protective order

Violating federal law by unlawfully possessing or otherwise interacting with a firearm can result in up to 10 years in prison for first-time offenders, and state-level offenses for unlawful gun possession carry similar sentences, as a gun defense attorney could further explain.

How “Reciprocity” Works Across Different States

Another important concept to understand in the context of nationwide gun laws is “reciprocity” between states for concealed and open carry of a firearm. While some states allow “permitless carry,” most require gun owners to apply for and receive a permit before they are allowed to openly carry their gun or carry it concealed on their person outside of their own home, vehicle, or business. Not every state reciprocates such licenses issued in other states.

For example, a Virginia resident who has a Virginia concealed carry permit would be allowed to carry concealed without restrictions in North Carolina with the same permit. However, their license would have certain restrictions applied to it in Tennessee, Kentucky, and West Virginia. A discussion with a seasoned gun lawyer could provide much-needed clarity about exactly where and under what circumstances a particular gun license would remain legal.

Let a Qualified Gun Lawyer Help Protect Your Rights

Gun laws are tricky to navigate just about everywhere in the United States, and you need to know exactly what restrictions apply to you. Otherwise, you could quickly find yourself facing felony-level charges even if you did not act violently towards anyone else or—in some cases—even leave your own residence.

Having help from a tenacious gun lawyer could make a world of difference in how well you handle your situation. Call today to learn more.