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Small v. United States, 544 U.S. 385 (2005), [1] was a decision by the Supreme Court of the United States involving 18 U.S.C. § 922(g)(1), [2] which makes it illegal to possess a firearm for individuals previously "convicted in any court" of crimes for which they could have been sentenced to more than one year in prison. The Court ruled, in a ...
The provision, 18 USC 922(g)(1), actually covers anyone convicted of "a crime punishable by imprisonment for a term exceeding one year." That is why Pennsylvania resident Edward A. Williams lost ...
Section 922(n) of title 18, United States Code makes it unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport any firearm in interstate or foreign commerce, or receive any firearm which has been shipped or transported in interstate or foreign commerce. [2]
Rehaif v. United States, 588 U.S. 225 (2019), was a case before the United States Supreme Court dealing with mens rea.The Court held that when a person is charged with possessing a gun while prohibited from doing so under 18 U.S.C. § 922(g), the prosecution must prove both that the accused knew that they possessed a gun and that they knew they held the relevant status.
In a 10-page order, U.S. District Marylellen Noreika concludes that 18 USC 922(g)(3), which makes it a felony for an "unlawful user" of a "controlled substance" to receive or possess firearms, is ...
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The Court says "a credible threat" justifies a ban on gun possession but does not address situations where there is no such judicial finding.
In 2001, the United States Court of Appeals for the Fifth Circuit (consisting of Texas, Louisiana and Mississippi) ruled that the Lautenberg Amendment, 18 U.S.C. § 922(g)(8)(C)(ii) (which extended the original FOPA restrictions on firearm ownership to persons under a court order in connection with domestic violence) did not violate the Second ...