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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: JohnM who wrote (22362)6/27/2006 1:18:34 PM
From: Ilaine  Read Replies (2) | Respond to of 543819
 
There's a federal law which prohibits persons convicted of domestic violence or under a restraining order for domestic violence from possessing guns of any kind. Possession if caught is a crime under the jurisdiction of the BATF and will be prosecuted in federal court. No exception for law enforcement officers.
usdoj.gov
usdoj.gov

There are enhanced penalties for persons committing crimes using guns -- in Virginia, for example, use of a weapon in the commission of a felony such as rape or robbery is a separate offense which carries a mandatory minimum 3 years in prison for the first offense and five for additional offenses, which run consecutively, not concurrently, the underlying crime.

If the gun is used in connection with illegal drugs, there's a mandatory minimum two years to run consecutively, not concurrently, for just possessing it and five for using it.

If the parents of a child using a gun are aware of it and don't do anything, that's child neglect.

It's against federal law to for gun dealers to sell a gun to a convicted felon or someone with a domestic violence commission or restraining order, and the sellers are required to do background checks.

There is a loophole, called the Gun Show Loophole, on the background checks for persons not in the business of selling guns but it's still a violation of federal law to knowingly sell a gun to a convicted felon or someone with a domestic violence conviction or restraining order.

This is an area of debate. Cato says that only 2% of guns used illegally come from gun shows.
cato.org