Assuming we're talking about the domestic violence part of the federal firearm ban; long story short, it doesn't. 18 U.S.C. § 922 (d) still applies, and there is currently no state level override for that. With that said, like I said in the video, these laws change all the time, and some gun laws have even changed since I released this video a couple of years ago. So, given the penalties for getting this one wrong, if you're worried about running afoul of these laws, please consult the proper authorities prior to purchasing a firearm, to make sure you are in the clear!
If ur transporting a firearm properly by state law what if you get in a situation that u can use the fire arm to help or protect self defense.. say school shooting u may be closer then the police or middle of a shoot out
Before I answer this one, I'm going to take a moment to remind everyone that answers to questions on this page do not constitute actual legal advice, and interaction does not create any sort of attorney-client relationship. ---- Self defense laws can vary wildly based on jurisdiction, so it's kind of hard to answer that; however, generally speaking, if you legally possess, transport, and operate the firearm, act in accordance with all applicable self defense laws, and don't interfere if law enforcement is on the scene, it's probably fine. With that said, you'd still likely open yourself up to an investigation, which might be more hassle than it's worth. You can also end up putting yourself in unnecessary danger, which could end up costing you--or the people around you--your lives. I genuinely hope this is a decision you never have to make. The best suggestion that I can give you if you want to prepare for the possibility of this situation arising, is to take a moment to consult local law enforcement and/or a local criminal defense attorney to make sure that you understand all applicable laws before you have to deal with finding out the answer to this question the hard way.
Can anyone answer this .. if you have a felony and the court found you innocent years later and dismissed and vacated your charge are your gun rights back …. The court said yes … Or would it have to be a misdemeanor Dismissal and vacated…. But remember found innocent years later
I can only speculate here, since this would also likely depend on state laws and local ordinances on rights restorations, but theoretically, if the charge was vacated, you're probably fine. With that said, "probably" isn't good enough here...some states have complicated laws on rights restoration, so my best suggestion to you is to seek local council familiar with these laws (probably a criminal defense lawyer) and/or contact local law enforcement for clarification, prior to actually attempting to purchase a firearm.
@@BurgerLawwell I did several attorneys looked at my paperwork and said 100% I am fine the Judge . And the DA said I was no longer prohibited…….so 30 days later went to buy got denied.. the Doj records had not updated so now 4 months later they have been updated and I finger printed and I have a pick up date once again … and I am in California
@@stevenmeansphotography3861 Well, I can't say that I'm a legal expert on this matter in California. My practice is based out of St Louis, so I'm much more familiar with the laws out here in the Midwest. With that said, It sounds like that the issue here is just the level of bureaucracy in the varying levels of government this all needed to get through for you.
In March of 2023 I was granted I.C. 35-38-9-4 expunction for dealing meth (which is considered as a major violent felony in Indiana) and I was not really dealing just a drug addict. But clean and sober for 15 years now. I have never been convicted of any crime in which caused injury or harm to another person. My FBI criminal history as of 12-12-23 shows A SEARCH OF THE FINGERPRINTS PROVIDED BY THIS INDIVIDUAL HAS REVEALED NO PRIOR ARREST DATA AT THE FBI. Indiana's criminal history report shows my dealing charge with (EXPUNGEGED beside it) on the record. I'm being denied firearms from the FBI. When I personally challenged the FBI the response is referring to the Indiana dealing meth charge (that was court ordered expunged) of imprisonment of more then a year under 18 USC 921-A-20 and 18 USC 922-G-1. Under Indiana's expungement laws pursuant to I.C. 35-38-9-10c I am a proper person which means I have the rights to firearms . What the FBI is saying does not apply to me per the expungement. I have pulled up Attorney General Curtis Hill's official opinion#2019-6 and Henry Flores official opinion update 7-1-2023. Both stating firearms rights are restored following an I.C. 35-38-9 expungement because per I.C. 35-38-9-10c I'm now a a proper person pursuant to I.C. 35-47-1-7. I paid Brad Keffer to fight this $500 for Indiana's denial (Indiana's deny due to the FBI's denial) and $500 for the FBI's denial. $1000 in total. Brad told me after working this case for four months (what I feel is a bunch of BS smoke and mirrors) The FBI sent Brad the same response as they did me (stated above) which I sent by email to Brad before the phone consultation. Brad saying my expungement must state specifically that my firearms rights are restored on the court expungement order not true per I.C. laws. My order states that the petition herein qualifies for an expungement of the arrest and/or criminal records pursuant to I.C. 35-38-9, et. seq. Is there any Attorney in Indiana that has Indiana and federal firearms rights knowledge willing to take on my case and actually fight for there client? Or is there any activist, Groups, Organizations Or law schools willing to challenge the F.B.I. and make them actually up hold the Indiana and federal laws that are written. Could someone please point me in the right direction.
Thanks for sharing your situation. Unfortunately, this is not an area of law in which our attorneys practice. I would recommend doing a search for Indiana federal appeals attorneys. They will be better able to tell you whether you have a case and if they can help. You can also contact your local legal services organization (Indiana Legal Services, perhaps) and they should be able to connect you with the right help.
I can only speak for myself, but I think it's largely because it's complicated, and laws can vary wildly from state to state. I also never really came back to dive into that topic because this really has nothing to do with my area of practice (personal injury). With that said, there's a lot of great information that's a google search away. The ATF has a great page on it here: www.atf.gov/firearms/firearms-guides-importation-verification-firearms-national-firearms-act-definitions-antique . I'd also check your local state laws, because while many states follow the federal code, some states have additional restrictions on antique firearms.
Louisiana firearms prohibition ends 10 years after completion of sentence. However, 18 USC 922(g)1 is permanent and applies to all felons regardless of state law. Know someone who back in the 80s was advised by his Bucks County, Pennsylvania probation officer he could own a gun since he wasn't convicted of a violent crime, only to be arrested by ATF two years later and ended up convicted in federal court in 1991. In the 80s there was no online anything to look up this information and thinking because he had state approval going by the PA handgun record of firearms sale forms, he inadvertently falsified several 4473 forms. That man is now 57 years old, kept out of trouble since, and only by way of a presidential pardon can he get his rights back. Hopefully Bruen will change this for nonviolent felons.
Generally speaking, unless overruled on 10th Amendment grounds by the US Supreme Court, federal laws like this one will always overrule state or local laws. This sort of thing has been in the news a lot over the last decade or two with regards to marijuana decriminalization and legalization. While it's legal in 23 states, it's still illegal federally. We don't live in a perfect system--far from it. I think that's one thing that everyone can agree on in politics. All we can hope is that our elected officials make the moves necessary to make the laws make sense for the common citizen.
Did not answer one bit of the question. That was a politician's answer. Let me ask you does one plus one equal 2? Well first you have to bring into question what the number 2 represents in the physical sense. Then you have to ask what is one's relationship to the plus sign. All these factors can change however we are restricted by todays understanding of how they are represented. If one plus six is seven then we have no choice but to question one's relationship to all numbers. I hope that clears everything up for you.
The right of the people to keep and bear arms, shall not be INFRINGED. The supreme law of the land. Supremacy clause So yes a felon can buy,own and carry guns. Exclusionary rule and fruit of the poisonous tree.
Sure. You can have it. But if you use it or show it to someone else. You will get charged and will be added to your felony violation. Which makes you pay more money to the system.... they all want your money until you are homeless or dead.
Hey Dragon, yes you are most certainly correct, but the governments never admitted 5hat they would abide by the rules. And like all casinos, house always seems to win. Course you could burn the house down!
If you can no longer own a fire arm research other options you can own air rifles that you could bring a deer down with you can still use black powder guns do your research
Do some research The constitution of the united states of america, the second amendment,supreme law of the land. Supremacy clause. Title 18 USC section 241 conspiracy against rights. Title 18 USC section 242 deprivation of rights under color of law. Exclusionary rule. Fruit of the poisonous tree.
I have a question I'm here in texas state and I caught a felony Charge third degree but I'm not convicted felon and havent been convicted of the felony or any of my misdemeanors will this still stop me from buying a gun what happens if my felony drops to misdemeanor or dismiss will I be able to purchase a handgun again
I've come to accept that it'll be too much work and money to restore my rights as beating up a pedophile IS a violent felony... however, my partner is interested in buying a firearm soon. What's the legality of her keeping it in the home we share? How can she have it without endangering my freedom?
You always follow the constitution. That is why we have it. And I do not remember reading a amendment to the constitution that says but a felon can not.
There is no age limit in the second amendment of the constitution of the united states of america, nowhere in the second amendment of the constitution of the united states of america that anyone has to have a license, permit or anyone's permission to exercise their second amendment constitutional rights.
![Noob To Max With DRAGON REWORK In Blox Fruits [FULL MOVIE]](http://i.ytimg.com/vi/LnBMOinoOvA/mqdefault.jpg)
How, at all, would this apply to the Domestic portion of the lifetime firearm ban?
Assuming we're talking about the domestic violence part of the federal firearm ban; long story short, it doesn't. 18 U.S.C. § 922 (d) still applies, and there is currently no state level override for that. With that said, like I said in the video, these laws change all the time, and some gun laws have even changed since I released this video a couple of years ago. So, given the penalties for getting this one wrong, if you're worried about running afoul of these laws, please consult the proper authorities prior to purchasing a firearm, to make sure you are in the clear!
Thank you kindly for the reply. @@BurgerLaw
If ur transporting a firearm properly by state law what if you get in a situation that u can use the fire arm to help or protect self defense.. say school shooting u may be closer then the police or middle of a shoot out
Before I answer this one, I'm going to take a moment to remind everyone that answers to questions on this page do not constitute actual legal advice, and interaction does not create any sort of attorney-client relationship.
----
Self defense laws can vary wildly based on jurisdiction, so it's kind of hard to answer that; however, generally speaking, if you legally possess, transport, and operate the firearm, act in accordance with all applicable self defense laws, and don't interfere if law enforcement is on the scene, it's probably fine.
With that said, you'd still likely open yourself up to an investigation, which might be more hassle than it's worth. You can also end up putting yourself in unnecessary danger, which could end up costing you--or the people around you--your lives. I genuinely hope this is a decision you never have to make.
The best suggestion that I can give you if you want to prepare for the possibility of this situation arising, is to take a moment to consult local law enforcement and/or a local criminal defense attorney to make sure that you understand all applicable laws before you have to deal with finding out the answer to this question the hard way.
@@BurgerLaw Evil will only win if the good people do nothing because of fear of retribution.
Can anyone answer this .. if you have a felony and the court found you innocent years later and dismissed and vacated your charge are your gun rights back …. The court said yes …
Or would it have to be a misdemeanor
Dismissal and vacated…. But remember found innocent years later
I can only speculate here, since this would also likely depend on state laws and local ordinances on rights restorations, but theoretically, if the charge was vacated, you're probably fine. With that said, "probably" isn't good enough here...some states have complicated laws on rights restoration, so my best suggestion to you is to seek local council familiar with these laws (probably a criminal defense lawyer) and/or contact local law enforcement for clarification, prior to actually attempting to purchase a firearm.
@@BurgerLawwell I did several attorneys looked at my paperwork and said 100% I am fine the Judge . And the DA said I was no longer prohibited…….so 30 days later went to buy got denied.. the Doj records had not updated so now 4 months later they have been updated and I finger printed and I have a pick up date once again … and I am in California
@@stevenmeansphotography3861 Well, I can't say that I'm a legal expert on this matter in California. My practice is based out of St Louis, so I'm much more familiar with the laws out here in the Midwest. With that said, It sounds like that the issue here is just the level of bureaucracy in the varying levels of government this all needed to get through for you.
In March of 2023 I was granted I.C. 35-38-9-4 expunction for dealing meth (which is considered as a major violent felony in Indiana) and I was not really dealing just a drug addict. But clean and sober for 15 years now. I have never been convicted of any crime in which caused injury or harm to another person. My FBI criminal history as of 12-12-23 shows A SEARCH OF THE FINGERPRINTS PROVIDED BY THIS INDIVIDUAL HAS REVEALED NO PRIOR ARREST DATA AT THE FBI. Indiana's criminal history report shows my dealing charge with (EXPUNGEGED beside it) on the record. I'm being denied firearms from the FBI. When I personally challenged the FBI the response is referring to the Indiana dealing meth charge (that was court ordered expunged) of imprisonment of more then a year under 18 USC 921-A-20 and 18 USC 922-G-1. Under Indiana's expungement laws pursuant to I.C. 35-38-9-10c I am a proper person which means I have the rights to firearms . What the FBI is saying does not apply to me per the expungement. I have pulled up Attorney General Curtis Hill's official opinion#2019-6 and Henry Flores official opinion update 7-1-2023. Both stating firearms rights are restored following an I.C. 35-38-9 expungement because per I.C. 35-38-9-10c I'm now a a proper person pursuant to I.C. 35-47-1-7. I paid Brad Keffer to fight this $500 for Indiana's denial (Indiana's deny due to the FBI's denial) and $500 for the FBI's denial. $1000 in total. Brad told me after working this case for four months (what I feel is a bunch of BS smoke and mirrors) The FBI sent Brad the same response as they did me (stated above) which I sent by email to Brad before the phone consultation. Brad saying my expungement must state specifically that my firearms rights are restored on the court expungement order not true per I.C. laws. My order states that the petition herein qualifies for an expungement of the arrest and/or criminal records pursuant to I.C. 35-38-9, et. seq. Is there any Attorney in Indiana that has Indiana and federal firearms rights knowledge willing to take on my case and actually fight for there client? Or is there any activist, Groups, Organizations Or law schools willing to challenge the F.B.I. and make them actually up hold the Indiana and federal laws that are written. Could someone please point me in the right direction.
Thanks for sharing your situation. Unfortunately, this is not an area of law in which our attorneys practice. I would recommend doing a search for Indiana federal appeals attorneys. They will be better able to tell you whether you have a case and if they can help. You can also contact your local legal services organization (Indiana Legal Services, perhaps) and they should be able to connect you with the right help.
If my felony is expunged in California can I purchase a firearm in Florida?
How come no attorney wants to address the ownership of antique firearms that are not regulated as firearms under federal law and many states?
I can only speak for myself, but I think it's largely because it's complicated, and laws can vary wildly from state to state. I also never really came back to dive into that topic because this really has nothing to do with my area of practice (personal injury). With that said, there's a lot of great information that's a google search away. The ATF has a great page on it here: www.atf.gov/firearms/firearms-guides-importation-verification-firearms-national-firearms-act-definitions-antique . I'd also check your local state laws, because while many states follow the federal code, some states have additional restrictions on antique firearms.
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Louisiana firearms prohibition ends 10 years after completion of sentence. However, 18 USC 922(g)1 is permanent and applies to all felons regardless of state law. Know someone who back in the 80s was advised by his Bucks County, Pennsylvania probation officer he could own a gun since he wasn't convicted of a violent crime, only to be arrested by ATF two years later and ended up convicted in federal court in 1991. In the 80s there was no online anything to look up this information and thinking because he had state approval going by the PA handgun record of firearms sale forms, he inadvertently falsified several 4473 forms. That man is now 57 years old, kept out of trouble since, and only by way of a presidential pardon can he get his rights back. Hopefully Bruen will change this for nonviolent felons.
Generally speaking, unless overruled on 10th Amendment grounds by the US Supreme Court, federal laws like this one will always overrule state or local laws. This sort of thing has been in the news a lot over the last decade or two with regards to marijuana decriminalization and legalization. While it's legal in 23 states, it's still illegal federally.
We don't live in a perfect system--far from it. I think that's one thing that everyone can agree on in politics. All we can hope is that our elected officials make the moves necessary to make the laws make sense for the common citizen.
Did not answer one bit of the question. That was a politician's answer. Let me ask you does one plus one equal 2? Well first you have to bring into question what the number 2 represents in the physical sense. Then you have to ask what is one's relationship to the plus sign. All these factors can change however we are restricted by todays understanding of how they are represented. If one plus six is seven then we have no choice but to question one's relationship to all numbers. I hope that clears everything up for you.
The right of the people to keep and bear arms, shall not be INFRINGED.
The supreme law of the land.
Supremacy clause
So yes a felon can buy,own and carry guns.
Exclusionary rule and fruit of the poisonous tree.
Sure. You can have it. But if you use it or show it to someone else. You will get charged and will be added to your felony violation. Which makes you pay more money to the system.... they all want your money until you are homeless or dead.
Hey Dragon, yes you are most certainly correct, but the governments never admitted 5hat they would abide by the rules. And like all casinos, house always seems to win. Course you could burn the house down!
Why didn't you answer the question?
If you can no longer own a fire arm research other options you can own air rifles that you could bring a deer down with you can still use black powder guns do your research
Do some research
The constitution of the united states of america, the second amendment,supreme law of the land.
Supremacy clause.
Title 18 USC section 241 conspiracy against rights.
Title 18 USC section 242 deprivation of rights under color of law.
Exclusionary rule.
Fruit of the poisonous tree.
Not always, some states ban high powered air rifles as well.
Title 18 USC section 241 conspiracy against rights.
Title 18 USC section 242 deprivation of rights under color of law.
Does a Federal reinstatement of rights override the state's ability to keep a felon from owning a firearm? Not even sure if that is a thing but...
No.
I have a question I'm here in texas state and I caught a felony Charge third degree but I'm not convicted felon and havent been convicted of the felony or any of my misdemeanors will this still stop me from buying a gun what happens if my felony drops to misdemeanor or dismiss will I be able to purchase a handgun again
You should
You just said a bunch of nothing. Typical lawyer.
I've come to accept that it'll be too much work and money to restore my rights as beating up a pedophile IS a violent felony... however, my partner is interested in buying a firearm soon. What's the legality of her keeping it in the home we share? How can she have it without endangering my freedom?
Take a drink every time he also and or
Good luck
Cheese burger laws
Yes but should we abide by the written laws of our constitution or the practiced laws that are actually used today?
You always follow the constitution. That is why we have it. And I do not remember reading a amendment to the constitution that says but a felon can not.
The constitution every time.
There is no age limit in the second amendment of the constitution of the united states of america, nowhere in the second amendment of the constitution of the united states of america that anyone has to have a license, permit or anyone's permission to exercise their second amendment constitutional rights.
The constitution of the united states of america is the supreme law of the land.
Supremacy clause.
Look up and read title 18 USC section 241 conspiracy against rights and title 18 USC section 242 deprivation of rights under color of law.