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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
