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Old August 16, 2014, 07:32 PM   #11
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by dogtown tom
A person under indictment for a felony is also a prohibited person.
A person under indictment for a felony can't buy a gun or receive a gun from anyone. See 18 USC 922(d):
Quote:
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) is a fugitive...;

(3) is an unlawful user of or addicted to ...;

(4) has been adjudicated as a mental defective or has been committed ...;

(5) who, being an alien—...

(6) who [2] has been discharged from the Armed Forces under dishonorable conditions;

(7) who, having been a citizen of the United States, has renounced his citizenship;

(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner ...

(9) has been convicted in any court of a misdemeanor crime of domestic violence.
But compare 18 USC 922(g) relating to possession:
Quote:
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) who is a fugitive...;

(3) who is an unlawful user of or addicted to ...;

(4) who has been adjudicated as a mental defective or who has been committed ...;

(5) who, being an alien—...

(6) who has been discharged from the Armed Forces under dishonorable conditions;

(7) who, having been a citizen of the United States, has renounced his citizenship;

(8) who is subject to a court order that...

(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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