Federal Prohibitions on Gun Ownership and Restoring Rights

Federal Firearms Disqualification

Federal law prohibits a number of categories of persons from possessing firearms. Most people know that felons are prohibited persons. The federal prohibition actually does not use the term "felon" but uses, instead, the following disqualifying criterion: "convicted in any court of, a crime punishable by imprisonment for a term exceeding one year." The federal disqualification statute also includes persons convicted of certain misdemeanors, fugitives, unlawful drug users, persons committed to a mental institution, non-resident aliens, and others. These prohibitions are absolute. However, there may be constitutional and other case law exceptions to these prohibitions, including a fundamental right to self-defense, even for ex-felons. Furthermore, in the aftermath of the Heller and McDonald cases, challenges based on the Second Amendment have been filed against these blanket disqualifications. This is an emerging area of constitutional law, and the results of these challenges vary.

STEFAN B. TAHMASSEBI, ESQ.
Deputy General Counsel, National Rifle Association of America  

After the Brady Denial: Strategies for Appeal, Record Corrections, and Return of Firearms

A Brady denial signals several significant legal issues for firearms owners, foremost of which is the indication that the firearms owner is, as a matter of federal law, prohibited from possessing firearms. Prompt, accurate legal advice to a client who has experienced a Brady denial can make the difference between a federal felony charge and an administrative record correction. This section focuses on practical strategies for advising a client who has just experienced a Brady denial, navigating the appeals procedure, finding and correcting erroneous past criminal or administrative records, and what to do about other firearms already in that client's possession or which have been seized by law enforcement following the Brady denial.

CINDY E. HILL, ESQ.
Author of Brady Denial? You CAN Get Your Guns Back!