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Situations That Make Gun Ownership Illegal

On Behalf of The Foley Law Firm | November 26, 2021

The right to bear arms, often interpreted as the right to own firearms, in particular, is important enough to be the Second Amendment to the U.S. Constitution. Most adults in the United States have the right to possess and even carry firearms, provided that they comply with federal, state and local laws. Most restrictions on gun rights involve limits on carrying, transporting or modifying firearms.

However, there are some limits on the right to gun ownership. In addition to limits restricting ownership of certain weapons by minors, there are also rules that limit adult firearm rights as well. If you are caught in possession of a firearm when you legally should not have one, you could wind up facing gun charges.

Who may not have the right to own a firearm?

Federal law limits firearm ownership rights to those who have served more than a year in prison, as well as anyone who is a fugitive from justice. Those struggling from addiction or with mental health issues, particularly those who have been institutionalized, may not have the right to own a gun.

Anyone with a dishonorable discharge from the military or who has renounced their citizenship can't legally own a gun. Additionally, anyone convicted of a criminal offense related to domestic violence, even if the offense itself was not classified as domestic violence, typically cannot legally own a firearm.

Some people don't even realize that the firearm they own leaves them in violation of the law. If you are facing gun charges because you don't meet the qualifications to possess a firearm, and experienced attorney can provide guidance and help.

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