Q: 15 USC 7901(b)(2) and 18 USC 922(g) contradict, so what does this mean? Are felons not considered citizens?
I want to be able to possess a firearm for lawful purposes, but am worried about being convicted under 922(g) since I'm a felon. But 15 USC 7901(a)(1 & 2) and 7901(b)(2) seem to contradict each other. Either I'm a citizen and therefore legally allowed to own a firearm for any of the listed legal purposes, or I am not a citizen. Which is it?
A:
The two statutes do not actually contradict one another. 18 USC 922(g) prohibits felons from possessing firearms or ammunition that have traveled in or affected interstate commerce. This is a longstanding federal law.
15 USC 7901 deals with the rights of persons who have had their voting rights restored after a felony conviction. Section 7901(b)(2) states that such persons should not be restricted in exercising their constitutionally protected rights, including under the Second Amendment.
However, this does not override the prohibition in 18 USC 922(g). Federal courts have consistently upheld and applied the felon-in-possession ban as constitutional, even after 7901 was passed. They have found that felons do not have an unfettered Second Amendment right to bear arms.
So in summary - 15 USC 7901 affirms voting rights for reformed felons, but does not restore cancelled Second Amendment rights or allow felons to possess firearms under federal law. The prohibition in 18 USC 922(g) still applies. Felons are still considered citizens, but their right to possess guns can be limited by Congress. Relief from 922(g) requires a governor's pardon or BATFE approval.
The interaction between these laws is complicated. Consulting a knowledgeable firearms attorney would also be wise to understand options.
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