Could I please have some advice on what laws to look up?

Question

My boyfriend was recently arrested for possession of a firearm. He was previously charged with attempted murder (discharge of firearm) but was found not guilty by reason of insanity. He was diagnosed with PTSD in 2002 or 2003. If he was found not guilty why is it unlawful for him to be in possession of a firearm? Am I missing something here?

Answer 1

The basic objectives of Title I of the Gun Control Act of 1968 were to ban mail-order sales of firearms and ammunition, confine the purchase of firearms to the buyer's state of residence, and prohibit certain classes of persons from purchasing, receiving or transporting firearms or ammunition in interstate commerce. Specifically, Title I prohibits dealers from selling any firearm or ammunition to any person who is:

a. convicted of or under indictment for a felony

b.a fugitive

c.adjudicated as a mental defective or who has been committed to any mental institution.

d.addicted to or an unlawful user of marihuana or a stimulant, depressant, or narcotic drug.

e.less than eighteen years of age for the purchase of a shotgun or rifle

f.less than twenty-one years of age for the purchase of a firearm that is other than a shotgun or rifle

g.a non resident of the State in whichthe licensee's place of business is located

h.an alien illegally or unlawfully in the United States

i.dishonorably discharged from the armed forces

j.subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner

k.convicted in any court of a misdemeanor crime of domestic violence

Such persons correspondingly are prohibited from purchasing or otherwise acquiring any firearm or ammunition which has been shipped in interstate commerce, and also are prohibited from shipping or transporting any firearm or ammunition in interstate commerce.

With certain exceptions-primarily, the purchase of rifles and shotguns-all over-the-counter purchases of firearms by persons other than dealers must be made within the buyer's state ofresidence. A private individual is prohibited from selling a firearm to any buyer whom he has reason to believe resides in another state.

Title I also requires all persons engaged in the business of dealing in firearms to be federally licensed. Dealers must require from all firearms purchasers proof of identity and residence, and buyers must sign under penalty of statement certifying eligibility to purchase.

It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a firearm unless the federal firearms licensee contacts the national instant criminal background check system via a chief law enforcement officer and receives notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the firearm by the transferee would violate Federal, State, or local law.

Dealers are required to keep records of all firearms and are forbidden from selling handguns to persons under 21, or rifles and shotguns to persons under 18. Additionally, dealers are prohibited from making any sale of firearms or ammunition which would place the buyer in violation of state or local law.

Finally, Title I forbids the importation of some military surplus firearms, and permits importation only of firearms shown to be "particularly suitable for, or readily adaptable for sporting purposes."

Title II of the Gun Control Act of 1968 is a revision of the National Firearms Act of 1934, and pertains to machine guns, short or "sawed-off" shotguns and rifles, and so-called "destructive devices" (including grenades, mortars, rocket launchers, large projectiles, and other heavy ordance).Acquisition of these weapons is subject to prior approval of the Attorney General, and federal registration is required for possession. Generally, a $200 tax is imposed upon each transfer or making of any Title II weapon.

A violation of most provisions of Title I, or the making of any false statement with respect to information required to be recorded for the acquisition or sale of firearms or ammunition, is punishable by imprisonment for up to five years and a $5,000 fine.

Any person convicted of transporting or receiving firearms or ammunition in interstate commerce with intent to commit a felony therewith may be punished by imprisonment for up to ten years, and fined up to $10,000.

In addition, any firearms "involved in or used or intended to be used in" any violation of Title I, or of any regulation promulgated thereunder, or of any violation of any federal criminal law, is subject to seizure and foriture. Any violation of, or failure to comply with, any provision of Title II is punishable by imprisonment for up to ten years and a $10,000 fine.

Hope this helps....best wishes!

Answer 2

ok, first factor is to acknowledge going into this that even if your baby is like, your parenting is approximately to come lower back below fireplace. At 2 there will be subject concerns yet whether he became the terrific behaved baby considering the fact that Christ, you woul *nevertheless* have the means to be incorrect in some way or yet another. Accepting that, submit to in innovations that your MIL's opinion isn't of such earth-shattering value that it is going to be allowed to alter your parenting type or harm your trip. Your husband is going to would desire to take an lively place if his mom is attacking you. He must be waiting and keen to step up and tell her to relax it if she's being nasty. *You* are going to would desire to be on your terrific possible habit, candy and thick-skinned. pass on line till now your pass to and discover issues to do to get you out of the domicile if issues are demanding. understand the place there's a coffee save, e book keep, mall, movie theatre, park and 24 hour eating place. with the flexibility to flee for an hour or 2 would be great to your peace of innovations. Play constructive. settle for that the different party won't. leave your self an get away direction. good success!

Answer 3

The fact that he suffers from a psychological disorder, Post-traumatic Stress Disorder, and was found not guilty by REASON OF INSANITY probably makes him ineligible to hold a firearm in your state.

Answer 4

You should contact a lawyer ASAP. Only a lawyer in the state where he is being charged, can answer your questions.