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Federal Firearm Prohibited Person Attorney

Second Amendment Lawyer

Attorney William Driscoll is passionate about protecting the liberties that made America great. He helps people retain or regain Second Amendment rights when being a federally recognized prohibited person is an issue.

Some issues causing you to be prohibited can be cured. Others cannot. Sometimes a person may still be entitled to possess a gun under State law, even though they are federally prohibited. In that case, they can still be criminally prosecuted federally. Call 978-846-5184 Attorney Driscoll to learn more about his gun law services.

What is a prohibited person under federal law?

The Gun Control Act (GCA), codified at 18 U.S.C. § 992, makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, including any person:

• who has convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

• who is a fugitive from justice;

• who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

• who has been adjudicated mentally defective or who has been committed to a mental institution;

• who, being an alien—

  • (A) is illegally or unlawfully in the United States; or
  • (B) except as excepted*, has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
  • * exception: any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is—
    • (A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
    • (B) an official representative of a foreign government who is—
      • (i) accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; or,
      • (ii) en route to or from another country to which that alien is accredited;
    • (C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or,
    • (D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

• who has been discharged from the Armed Forces under dishonorable conditions;

• who, having been a citizen of the United States, has renounced his citizenship;

• who is subject to a court order that—

  • (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
  • (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and,
  • (C)
    • (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
    • (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or,

• who has been convicted in any court of a misdemeanor crime of domestic violence.