The Gun Control Act makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person felon convictions, individuals with dishonorable discharges, or other prohibitions. You may challenge the denials under certain circumstances
Answer: Generally, the following individuals are prohibited from shipping, transporting, receiving or possessing firearms or ammunition under the Gun Control Act:
1 convicted in any court of a crime punishable by imprisonment for a term
exceeding one year
2 fugitive from justice
3 unlawful user of or addicted to any controlled substance under the
Controlled Substances Act
4 an illegal alien
5 a former Service member with a dishonorable characterization of service
6 someone who renounced their U.S. citizenship
7 someone who is subject to a court order restraining the person from
harassment, stalking or threatening their intimate partner or child of the
8 someone who has been convicted of a misdemeanor crime of domestic
Answer: If you receive a decision stating that you have been denied a firearm, you can seek relief by appealing the decision. This is called a 'firearm-related challenge'. Service members who were disciplined while in the military may have derogatory information that may lead to the wrongful denial under the Gun Control Act.
Answer: Generally, it may be important to have the underlying investigation, any personnel records, non-judicial punishment records or any other documents explaining the context of the misconduct - depending on the circumstances. Some misconduct is military-specific and it may be necessary to explain it in the challenge.
CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE;
CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER
Former Service member was denied his right to possess a firearm because he allegedly failed into one of the categories under 18 U.S.C 922(g). Obtained his personnel and investigative records and filed an appeal showing that he did not fall into any of the categories. In less than 4 weeks he received correspondence that he was eligible to possess or receive a firearm.