FFL Prohibited Persons & Firearms Restrictions 2 — Questions and Answers
Question 1: Under 18 USC 921(a)(15), what is the federal definition of a 'fugitive from justice' for purposes of the 922(g)(2) firearms prohibition?
- Any person who has moved to a different state without notifying law enforcement
- Any person who has fled or is fleeing from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding (Correct answer)
- Any person who has an outstanding civil judgment against them
- Any person who has missed a court date for a minor traffic infraction
Correct answer: Any person who has fled or is fleeing from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding
Federal law defines 'fugitive from justice' as any person who has fled from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding, regardless of the severity of the offense.
Question 2: Under 18 USC 922(g)(6), which type of military discharge triggers a lifetime prohibition on possessing firearms?
- General (Under Honorable Conditions) discharge
- Other Than Honorable (OTH) discharge
- Dishonorable discharge issued by a general court-martial (Correct answer)
- Bad Conduct discharge issued by a special court-martial
Correct answer: Dishonorable discharge issued by a general court-martial
Only a dishonorable discharge, which is the most severe military discharge issued exclusively by a general court-martial, triggers the 922(g)(6) federal firearms prohibition.
Question 3: Under 18 USC 922(n), which of the following persons is prohibited from RECEIVING (but not necessarily possessing) a firearm shipped in interstate or foreign commerce?
- A person convicted of a felony ten years ago whose civil rights were restored
- A person currently under indictment for a crime punishable by imprisonment exceeding one year (Correct answer)
- A person charged with a misdemeanor drug possession offense
- A person with a pending civil lawsuit related to a prior firearm incident
Correct answer: A person currently under indictment for a crime punishable by imprisonment exceeding one year
Section 922(n) specifically prohibits persons under felony indictment from receiving a firearm that has been shipped or transported in interstate or foreign commerce, even before any conviction.
Question 4: Which of the following persons is prohibited from possessing firearms under federal law?
- A person convicted of a state felony who subsequently received a full presidential pardon expressly restoring firearms rights
- A person who voluntarily checked themselves into a mental health facility at their own request
- A person who is an unlawful user of marijuana, a federally controlled Schedule I substance (Correct answer)
- A person convicted of driving under the influence (a non-domestic-violence misdemeanor) twelve years ago
Correct answer: A person who is an unlawful user of marijuana, a federally controlled Schedule I substance
Under 922(g)(3), any unlawful user of a controlled substance is federally prohibited regardless of state-level marijuana legalization, since marijuana remains a Schedule I controlled substance under federal law.
Question 5: What is a 'straw purchase' in the context of federal firearms law, and why is it illegal?
- Purchasing a firearm with counterfeit currency, violating federal counterfeiting statutes
- Purchasing a firearm on behalf of another person who is the true buyer, circumventing that person's background check obligation (Correct answer)
- Purchasing more than two firearms in a single calendar month from the same dealer
- Purchasing a firearm without negotiating the price, accepting the sticker price without question
Correct answer: Purchasing a firearm on behalf of another person who is the true buyer, circumventing that person's background check obligation
A straw purchase occurs when the nominally identified buyer on Form 4473 is not the actual purchaser; the true buyer is the intended transferee, which constitutes making false statements under 922(a)(6) and potentially facilitating transfer to a prohibited person.
Question 6: Under 18 USC 922(g)(8), which of the following qualifying protective orders triggers a federal firearms prohibition?
- Any civil restraining order regardless of its terms or how it was issued
- An order issued after a hearing with notice, restraining an intimate partner from harassing or threatening, that also prohibits the use of physical force (Correct answer)
- A temporary ex parte restraining order issued on an emergency basis without a hearing
- Any order entered by a family court judge involving child custody
Correct answer: An order issued after a hearing with notice, restraining an intimate partner from harassing or threatening, that also prohibits the use of physical force
Section 922(g)(8) requires the protective order to be issued after a hearing where the subject had notice and opportunity to participate, and the order must explicitly prohibit the use, attempted use, or threatened use of physical force against an intimate partner.
Question 7: Under 18 USC 921(a)(33)(A), what elements must an offense contain to qualify as a 'misdemeanor crime of domestic violence' triggering the 922(g)(9) prohibition?
- Any offense involving a household member, regardless of physical contact
- A misdemeanor with as an element the use or attempted use of physical force, or threatened use of a deadly weapon, committed by a person in a qualifying domestic relationship (Correct answer)
- Any offense that results in an arrest involving a domestic dispute, regardless of the charge
- Any offense causing emotional distress to a current or former intimate partner
Correct answer: A misdemeanor with as an element the use or attempted use of physical force, or threatened use of a deadly weapon, committed by a person in a qualifying domestic relationship
The statute requires both a physical force or deadly weapon threat element AND a qualifying domestic relationship (current/former spouse, parent of shared child, cohabitant, or similar relationship) for the offense to trigger the 922(g)(9) prohibition.
FFL Prohibited Persons & Firearms Restrictions 2
Under 18 USC 921(a)(15), what is the federal definition of a 'fugitive from justice' for purposes of the 922(g)(2) firearms prohibition?