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Has been found by a court, board, commission, or other lawful authority to be a danger to self or others, or to “lack the mental capacity to contract or manage own affairs,” as a result of their mental condition or illness (This prohibition also expressly applies when a person has been found incompetent to stand trial or not guilty of a crime due to mental incapacity) 8.Is underage (For additional information about federal age restrictions for the purchase and possession of firearms, see our page on the Minimum Age to Purchase and Possess Firearms.).
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Therefore, ATF considers people who use marijuana legally under state law unlawful users of a controlled substance.
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Though certain states have legalized the use of medical and recreational marijuana, it remains illegal under federal law.Is “an unlawful user of or addicted to any controlled substance” 6.A state crime that is classified as a misdemeanor under state law and is punishable by more than two years imprisonment 4.A state crime that is not classified as a misdemeanor and is punishable by imprisonment for more than one year.A federal crime punishable by imprisonment for more than one year (typically a felony, however, federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices are exempt.Has been convicted of, or is under indictment for:.§ 922, generally prohibits the sale to, and possession of firearms by, a person who: The federal Gun Control Act of 1968, codified at 18 U.S.C.
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Summary of Federal Lawįederal law establishes a baseline national standard regarding the criteria that make people ineligible to acquire and possess firearms. There is, however, significant variation among different states’ firearm eligibility standards, as discussed in more detail below. States may also enact laws mirroring federal firearm restrictions in order to allow state law enforcement, prosecutors, and courts to enforce those requirements instead of relying on more limited federal enforcement capacity alone. This means that federally mandated background checks conducted by licensed firearms dealers may now block firearm sales to individuals who are ineligible to acquire firearms under either federal law or the laws of their state. In 2012, the FBI began accepting records identifying people who are prohibited from acquiring or possessing firearms under state, as well as federal, law into the FBI databases used for firearm background checks. State laws have an important role to play in keeping this system running smoothly and efficiently. However, federal law merely provides a floor, and has notable gaps that allow some individuals who have demonstrated significant risk factors for future violence or self-harm to legally acquire and possess guns. Since the effective date of the Brady Act in 1994, background checks have blocked over 3.5 million attempted gun sales, transfers, or firearm permit applications to individuals who could not legally access a firearm, while still approving 98.5% of firearm background check inquiries. Zeoli, et al., “Analysis of the Strength of Legal Firearms Restrictions for Perpetrators of Domestic Violence and Their Associations With Intimate Partner Homicide,” American Journal of Epidemiology 187, no. The FBI’s NICS background check system helps to ensure that people subject to these restrictions cannot pass a background check to obtain a firearm-at least in circumstances when a background check is legally required and relevant records have been properly submitted to the background check system.Ī. Under federal law, a person is generally prohibited from acquiring or possessing firearms if, among other things, they have been convicted of certain crimes or become subject to certain court orders related to domestic violence or a serious mental condition. Backgroundįederal law establishes a baseline national standard regarding individuals’ eligibility to acquire and possess firearms. State laws may also establish additional, stronger eligibility standards. Under federal law, meeting certain criteria, such as criminal convictions and court orders, can prohibit individuals from passing a background check. Our laws contain notable gaps that allow individuals who have demonstrated a significant risk of violence to possess firearms.īackground check laws are crucial to protecting public health and safety by preventing people from acquiring firearms when they have a significant history of harming themselves or others or are otherwise at elevated risk of violence.