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The Gun Control Act of 1968

The Gun Control Act of 1968 imposed Federal licensing of individuals to manufacture or deal in firearms and a ban on all interstate transportation of weapons to and from individuals not licensed as dealers, manufacturers, importers or collectors.

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The Legislation also regulates interstate and foreign commerce in firearms, including importation, "prohibited persons" and licensing provisions.

A "prohibited person" cannot own, handle or possess any firearm of any kind, regardless of statue or time period of infraction or criminal past.

Prohibited Person

What is a Prohibited Person? 

The definition of a prohibited person includes many categories of people. The definition of a “prohibited person” is included below. Some categories, like “felons,” are simple. If someone is a felon, then they are prohibited from possessing firearms or ammunition. Other categories, however, aren’t so clear and have specific details which are included below.    

A “prohibited person” is anyone who [one or more of the below descriptions]:   

  • Is a felon,   

  • has been convicted of any crime punishable by more than a year in prison (whether they were ever sentenced to or served a day in prison or not),   

  • is under indictment for any crime punishable by more than a year in prison,   

  • is a fugitive,   

  • is an unlawful user of any controlled substance,   

  • has been adjudicated as a mental defective,   

  • has been committed to a mental institution,   

  • is an illegal alien,   

  • has a dishonorable discharge from the military,

  • has renounced their U.S. citizenship,

  • is the subject of a restraining order restraining the person from harassing, stalking, or threatening an intimate partner or the child of an intimate partner, or who has been convicted of a misdemeanor crime of domestic violence?   

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If you fall into any one of these categories, you cannot legally own, handle or possess a firearm.

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