Legal Heat

Are You An Accidental Gun Felon?

5 Serious Crimes Many Gun Owners Have Never Heard About

Presented By Legal Heat

 

Crime #1

Driving Through a School Zone

#1 18 U.S.C.A. 922(q)(2)(a)

THE LAW

It shall be unlawful for any individual knowingly to possess a firearm..

At a place that the individual knows, or has reasonable cause to believe is a school zone.

The Federal Gun-Free School Zones Act makes it a FELONY, punishable by up to 5 years in prison, to possess a firearm within 1000 feet of any K-12 public, or private, school.

 

There are only a few exceptions to the felony school zone rule:

  • If you are on a private property not part of school grounds
  • If the individual possessing the firearm is licensed to do so by the State in which the school zone is located.
  • If the gun is not loaded; and in a locked container, or a locked firearms rack that is on a motor vehicle

 

If the individual possessing the firearm is licensed to do so by the State in which the school zone is located.

            The DOJ clarified in a 2013 letter that his means you are breaking the law if you pass through ANY school zone in ANY state from which your permit isn’t issued.

            “The license must be issued by the State in which the school zone is located… a concealed weapons license or permit from any other state would not satisfy the criteria.”

 

Constitutional Carriers Beware!

This means if you are carrying a firearm without a permit (i.e. in a state where a permit is not required), this federal law in full force against you.

“The license must be issued by the State in which the school zone is located… a concealed weapons license or permit from any other state would not satisfy the criteria.”

Crime #2

Buying/Receiving A Gun From Someone Out Of State

THE LAW

It shall be unlawful for any person… to transport into or receive in the State where he resides… any firearm purchased or otherwise obtained by such person outside that state.

It is a FELONY to purchase, or receive, a firearm from any private party (non-dealer) who resides in another state than you, including family members.

So if you drive to your grandpa’s house in Montana, he gives you a shotgun as a gift, and you drive back to your home in Idaho with it, you have now committed a federal crime.

There Are Only 3 Exceptions:

  • Grandpa dies and leaves the gun to you in his estate
  • Grandpa loans or rents you the shotgun for temporary use for lawful sporting purposes
  • Grandpa gave you the shotgun prior to June 19, 1968

If non of these apply you must ship it through a dealer

 

Crime #3

Going to California (Seriously)

THE LAW

Any person in this state who… imports into the state… any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or [felony] imprisonment…

It can be a FELONY to simply import a MAGAZINE capable of accepting more than 10 rounds into the state of California. 

Even without having any firearms or ammunition, merely bringing a magazine capable of accepting more than 10 rounds into the state of California can be enough to get a gun owner charged.

And in case you were wondering, California can charge you for each magazine as a separate crime.

            See: People v. Sun, 148 Cal, App. 4th 374, 378, 55 Cal, Rprt, 3d 696, 699 (2007)

This is only one of the MANY examples of California state laws that can get a gun owner in legal trouble.

Crime #4

Going to the Post Office

39 C.F.R. 232.1(I)

THE LAW

Not withstanding the provisions of any other law… no person while on postal property may carry firearms… either openly or concealed, or store the same on postal property…

Possession of a firearm ANYWHERE on a postal property is a federal crime. It is punishable by a fine of up to $5,000, 30 days in jail, or both.

In 2013 a man named Tab Bonidy sued the USPS arguing the prohibition on storage of firearms on USPS property was unconstitutional in violation of the Second Amendment. He lost his case and the prohibition stands.

See: Tab Bonidy: National Association for Gun Rights, Plaintiffs-Appellees/Cross-Appellants v. Bonidy v. U.S. Postal Serv., 790 F.3d 1121 (10th Cir. 2015) cert denied, 136 S. Ct. 1406, 194 L. Ed. 2d 550 (2016)

 

“Can You Mail This Letter For Me?

Unfortunately not. It’s a gun free zone. Email is better anyway.”

 

Crime #5

Going Camping

(on Army Corp of Engineers Property)

36 C.F.R.

THE LAW

The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited [on Corp of Engineers Property]

There Are Only 4 Exceptions:

> If you are a Federal, state or local law enforcement officer;

> It is being used for hunting and is unloaded when transported to, from or between hunting sites;

> It is being used at authorized shooting ranges; or

> You have written permission

In 2014 an Idaho District Court ruled that the Army Corp of Engineers ban on possession of loaded firearms violated the Second Amendment. An appeal has been filed and is awaiting a hearing before the 9th Circuit Court of Appeals.

See: Morris v. U.S. Army Corps of Engineers, 60 F. Supp. 3d 1120 (D. Idaho 2014)

 

There are over 20,000 state, federal and municipal gun laws in America.

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