What can you learn from Hunter Biden’s federal conviction – Who CAN NOT own or possess a handgun or firearm under federal law? Who is a “prohibited person” in Pennsylvania and New Jersey?
Recently, a federal jury in Delaware convicted Hunter Biden, the son of President Joe Biden, of violating federal gun laws pertaining to drug addicts. The basis for the charges against the President’s son was an application and subsequent possession/ownership of a gun despite his prior drug addiction. The case has sparked interest from our current, former and prospective clients regarding the laws pertaining to gun ownership in New Jersey and Pennsylvania as well as federal law.
In the Biden gun case, he faced 3 criminal counts. The first two counts pertained to making false statement on the federal background check form while the third count was for possessing a gun while addicted to, or using, illegal drugs.
Who is NOT permitted to possess or own a gun or firearm in Pennsylvania?
In Pennsylvania, under Title 18, Section 6105, any person, who is convicted in Pennsylvania or ANY State the following is not permitted to own or possess a firearm
- Member of a Corrupt organization
- Murder
- Manslaughter
- Involuntary manslaughter
- Aggravated assault
- Stalking
- Kidnapping
- Unlawful restraint
- Involuntary deviant sexual intercourse
- Rape
- Arson
- Burglary
- Robbery
- Extortion
- Receiving stolen property if charged as a felony
- Making false reports to law enforcement if it involved the theft of a firearm
- Witness intimidation
Drug Crimes & Gun Ownership in Pennsylvania
In addition to these offenses a person who has been convicted under the Controlled Substance Drug, Device, and a Cosmetic Act (aka – Possession with the Intent to Deliver – PWID) with the equivalent federal statute or a statute of a different state is also prohibited from carrying a firearm if the maximum punishment exceeds two years.
A person is also prohibited under section 6105 if they have been adjudicated incompetent or involuntarily committed. While Pennsylvania can prohibit convicted felons along with other potentially violent people from possessing a firearm it can also prohibit drunk drivers with three or more DUI convictions.
In Pennsylvania, if you are convicted of DUI on three or more separate occasions within a five (5) year period the Commonwealth you are prohibited from possessing a firearm!
Who is NOT permitted to possess or own a gun or firearm in New Jersey?
In New Jersey, under N.J.S.A. 2C:39-7, any person who is convicted in New Jersey or ANY State the following is not permitted to own or possess a firearm
- aggravated assault,
- arson,
- burglary,
- escape,
- extortion,
- homicide,
- kidnapping,
- robbery,
- aggravated sexual assault,
- sexual assault,
- bias intimidation
- carjacking
- gang criminality
- racketeering
- terroristic threats
- unlawful possession of a machine gun
- unlawful possession of a handgun
- unlawful possession of an assault firearm,
- unlawful use, possession or sale of a controlled dangerous substance
Mental Disorders and Gun Ownership in New Jersey
In addition any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium unless the person possesses a certificate of a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that the person is no longer suffering from a mental disorder
Who is NOT permitted to possess or own a gun or firearm under Federal Law
Federal law is the baseline of the criteria that make people ineligible to acquire and possess guns or firearms.
The federal Gun Control Act of 1968 (18 U.S.C. § 922) prohibits the sale to, and possession of firearms by, a person who:
- Has been convicted of, or is under indictment for:
- A federal crime punishable by imprisonment for more than one year (typically a felony, however, federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices are exempt.
- A state crime that is not classified as a misdemeanor and is punishable by imprisonment for more than one year
- A state crime that is classified as a misdemeanor under state law and is punishable by more than two years imprisonment
- Is a fugitive from justice
- Is “an unlawful user of or addicted to any controlled substance”
- Though certain states have legalized the use of medical and recreational marijuana, it remains illegal under federal law. Therefore, ATF considers people who use marijuana legally under state law unlawful users of a controlled substance.
- Is underage
- Has been found by a court, board, commission, or other lawful authority to be a danger to self or others
- Has been involuntarily committed to a mental health or substance abuse treatment facility by a court, board, commission, or other lawful authority.
- Is unlawfully in the United States or has been admitted to the US under a nonimmigrant visa
- Has been dishonorably discharged from the US Armed Forces
- Is subject to an active court order restraining them from harassing, stalking or threatening an intimate partner, their child, or a child of a partner, or from engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child
- Has been convicted of a misdemeanor offense of domestic violence
Contact Our Criminal Defense Lawyers in New Jersey and Pennsylvania
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