SABT 2 E FA Criminal Violations 09-02 Flashcards Preview

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Flashcards in SABT 2 E FA Criminal Violations 09-02 Deck (50):
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1 ID the person who are prohibited from possessing FA and ammunition by 18 USC 922(g) and the FA these persons are not allowed to possess.

-Illegal for a felon to knowingly, ship, transport, receive, or possess any FA or Ammunition,
-in from or affecting interstate or foreign commerce, 10 yrs
1 Felony definition 922(g) conviction in any court for a crime punishable by imprisonment for a term exceeding 1 yr
-Any court: Federal, State, military, but not foreign conviction
-Felony exception 921(a)(20)
a Antitrust violations , unfair trade practice, restraints of trade or other similar offense relating to the regulation of business

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-commerce between any place outside of that state, or within any possession of the US
if the state can prove the gun or ammo crossed state line

-means and method of proving it = nexus (experts) tell court where gun was made,

Interstate Commerce

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3 ID what term ___ means and the method of proving it at trial

1 Control of an object or the place where it is kept, regardless
of the ownership
2 Actual possession-immediate control of an object
3 Constructive possessions non-immediate control of an object ie. residence, vehicle office
4 Person who lives in a dwelling alone is responsible for contraband possession, discovered therein.

Possession

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4 ID certain legal issues regarding prohibited person violation: multiple FA and ammo possession, multiple prohibited person person status by one person, FA sting, and the defense of duress.

-Def can be prosecuted for receiving and later possessing the same FA. If he is convicted of both counts, the trial judge must dismiss one count and sentence him for only one count.
-Defendant may not be convicted of multiple 922(g) counts

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4b
If ATF leans that a prohibited person wants to acquire a FA, ATF may sell a FA affecting interstate commerce to the suspect and then arrest him for 922(g) RECEIVE

Firearm Sting

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5 ID the Armed Career Criminal Sentencing statue, 18 USC 924 (e)

-If the defendant is convicted today of 922 (g) violations and has
1 three prior convictions in his past of
2 committed on different occasions
3 violent felony or serious drug crime or both
-must be sentenced to not less than 15 yrs in prison

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5b
ARMED CARER CRIMINAL
Violent Felony 924(e)(2)(b)

1 THREE PRIOR CONVICTIONS IN HIS PAST
2 committed on different occasions
3 Violent felonies or serious drug offenses, or combination of both (must be SENTENCED not less than 15 yrs in prison)


1 Felony or act of juvenile delinquency that
2 attempt use, or threatened use of physical force against another person, eg murder, robbery, carjacking, or is burglary, arson, extortion, use of explosives, or involves conduct that presents a serious potential risk of physical injury to another person I.e. attempted burglary

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6 ID the violations regulating to juvenile and handguns

-922 (x)(2) illegal for juvenile to knowingly possess a handgun or handgun only ammo, = 1yr misdemeanor 924(a)(6)(A)
-922 (x) (1) illegal for a person to knowingly
*transfer a handgun only ammo to a juvenile= 1yr, If he know or had reason to know the juvenile intended to commit a crime of violence with the FA 10 yr 924(a)()(B)

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8 ID the violations of 18 USC 924(c), using, carrying or possessing a FA or armor piercing ammo to commit other Federal crimes of violence or Federal drug trafficking crimes and their penalties.

-illegal to use or carry, during and in relation to, or possess APA in furtherance of a crime of violence or drug trafficking crime, not less than 15 years.

-illegal to knowing import or bring into the US or any possession thereof any FA or ammo in violation of section 922(i)

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9 ID Federal crimes of violence encountered in 924(c) violations


-Conspiracy
-Murder death penalty

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9a
1 Robbery of residence, site of legal interstate business
2 Robbery of residence, site of illegal interstate business
3 Robbery of residence, site where interstate business proceeds stored
4 Robbery of residence of interstate sale person
5 Robbery of residence, stolen items taken to other states
6 Sting: conspiracy and attempt to commit 1951 and 841(a)

18 USC 1951 Interstate robbery/ extortion and home invasions

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9b -Assault of Fed Agent
-Threatening, injuring family of FED
-Publicizing restricted personal info of Agents
-Conspiracy to murder Fed Agents
-Filing false lien against property of agent
-Robbery of undercover FED Agent
- Robbery of personal property of US

18 USC 111 1114 crime against law enforcement officers

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9c

18 USC 1512 1513 crimes against victims, witnesses, informers

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9d
-Illegal to willfully conspire (two suspects required) to violate a civil right
-Guaranteed by the US constitution or Federal statue
-Rights to free exercise investigations, etc, up to death penalty

18 USC 241 crime against civil rights

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9e
illegal with specific intent to cause death or serious bodily harm if necessary I.e. firearm loaded, actions, statements,
-to take a vehicle which has crossed state or foreign lines
-From the person or presence of another
-By force or intimidation (attempt included) death

18 USC 2119 carjacking

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9f
1 Illegal to use the US. mail or a
2 Facility of interstate or foreign commerce, or to
3 Travel in interstate of foreign commerce
4 With the intent that murder be committed for Pecuniary value, death

18 USC 1958 murder for hire

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9g
1 Illegal to commit murder, kidnapping, maiming, assault, or threat to commit a crime of violence
2 for pecuniary value or
3 To gain entry into, or to maintain a current position in, or to increase a position in a
4 Gang-affecting interstate or foreign commerce, death

18 USC 1959 crimes committed by gangs

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9h
1 Illegal to cross a state or foreign line with
2 Intent to kill, injure, harass, or intimidate a
3 Spouse, former spouse, one who shares a child with abuser, one who has or is cohabiting with abuser, dating partner, and
4 Commit or attempt to commit a crime of violence, life

18 USC 2261 interstate domestic violence

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9i
1illegal to unlawfully seize/ abduct a person and
2 carry the victim across stated line, or for the
3 Offender to travel across state lines, or for the
4 Offender to use the US mail or for the
5 Offender to use any facility of interstate or foreign commerce

18 USC 1201 Kidnapping

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9j
1 illegal to rob
2 Bank, Credit union or saving and loan association, 20 years

18 USC 2113 bank robberies

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10 ID the Federal trafficking crimes encountered in 924 (c) violations.

-Knowing imports or brings into the US or any possession therof any FA or ammunition in violation of section 922(I)

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10 b
Deal or posses with intent to deal in illegal drugs
and home invasions

21 USC 841 (a)

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10c
conspiracy and attempt

21 USC 846

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11 Id the violations of the National FA act- making, possessing and transferring unregistered gangster-type FA: short barrels shotguns and rifles, machine guns, silencers, destructive devices and any other weapons

-5861 d = illegal to possess non registered machine guns
-922 (o)= illegal to possess or transfer a machine gun

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12 ID the violations relating to stolen FA and ammo, violation.

-922(j) Illegal to receive, possess or dispose of stolen FA or ammo affecting interstate/Foreign commerce, knowing/reason to know it was stolen

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13 Id the violations regarding locations where FA are prohibited: school zones

-illegal to possess a FA that affects interstate or foreign commerce at a place the suspects knows or has reason to believe is a school zone, 5 yrs
1 School zone, 921(a)(25)(26) in or on the grounds or within 1000 feet of a public or private school

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14 ID the violations of prohibited importation, smuggling, and exportation of FA.

-GCA illegal for prohibited person to do all above

922(n) = illegal for a person who is knowingly under indictment or information for a felony to willfully ship, transport or receive any FA or Ammo = 5 yr penalty

922(g)= Illegal for a felon to knowingly ship, transport, receive, or possess any FA or ammo

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7 b

deal without a license,

-922(a)(1)(A) Illegal to willfully engage in the business of importing, manufacturing, or dealing in FA unless licensed by ATF, 5 years
1 suspect is Engaged in the Business of selling FA, see def 921(a)(11)(21)(22)
2 The suspect sold the FA willfully

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7c
lying and buying

-

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7d straw purchase,

922(a)(6) & 924(a)(1)(A)
-A straw purchaser is not the actual buyer of a FA. A prohibited person will use a non felon to purchase a FA for him. When the instant criminal background check is conducted, the sale will not bee denied. Aft receiving the FA from FFL, the straw purchaser (often illegal drug user or addict) then transfers the FA to the prohibited person, the actual purchaser. He also is frequently a non resident

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7e transfer to prohibited person

-

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7f false records

-

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10 e
1 illegal for a GANG affecting interstate or foreign commerce to
2 Commit two or more crimes crimes listed in 1961, 20 years

RICO 1962(c) crimes committed by gangs

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One who comes legally to the US to take up permanent residence
-may possess FA and purchase FA from non FFL is not prohibited, just like Us citizens.

Immigrant on Visa

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7 g
unlawful interstate transfers.

-

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10 d
leaders of drug conspiracies

21 USC 848

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7 ID the violations of prohibited FA trafficking: , , , and

-

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12b
ID the violations relating to serial number obliterations,

922(k) illegal to knowing transport or ship or receive in interstate or foreign commerce a FA with a removed/ Obliterated/ altered serial #, or to possess/receives FA with removed/Obliterated/altered serial # if FA went interstate or foreign commerce in the past 5 years

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12c

ID the violations relating to armor piercing ammunition

-922(a)(7) -Illegal to make or import armor piercing ammo, 5 yrs Exception US, State, Local testing export
-9222(a)(8)- Illegal for manuf or import to sell or deliver armor piercing ammo, 5 yrs Exceptions = same
-923(e)- FFL dealer may have license Revoked for transferring APA
-929-Illegal, when Committing 924(c), to possess APA capable of being fired in that FA, not less than 5 yrs
-924(c)(5)-Illegal to use or carry, during and in relation to, or possess APA in furtherance of a crime of violence or drug trafficking crime , not less than 15 years

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12 D

ID the violations relating to body armor

1 Illegal to purchase, own or possess body armor
2 Sold or offered for sale in interstate or foreign commerce 921(a)(35)
3 After having been convicted of a crime of violence, 3 yrs (exceptions exist)

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13b
Id the violations regarding locations where FA are prohibited: Federal Buildings

-930(a)-Illegal to possess a FA in a Fed building (attempt) 1 yr/ Exceptions LEO, author Fed officials, incident to hunting/ other lawful purposes
-930(e) Illegal to possess a FA in a FED Courthouse (attempt) 2 yrs/ Exception LEO, authorized FED officials
-930(b)-Illegal to possess a FA in either building with intent to commit a crime (attempt) 5 yrs
-930(c)-illegal to kill in an Attack on a Fed facility, death

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13c
Id the violations regarding locations where FA are prohibited: Airline

-49 USC 46505 (b)(1)
-illegal to possess a concealed dangerous weapon that woul be accessible to the person in flight (attempt) 15 yrs

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13d
Id the violations regarding locations where FA are prohibited: US Mail

-1715
-Illegal to send a concealable FA in the US mail= 2yrs prison

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13e
Id the violations regarding locations where FA are prohibited: Common or Contract Carrier

-922 (e)
-illegal to willfully deliver a package containing a
-FA or ammo to a
-Common or contract carrier for transportation to a
-NON licensee in interstate foreign commerce WO
-Written notice, 5 years

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14 ID the violations of prohibited importation

-922 (l)
-illegal to import a FA or ammo without ATF authorization, 5 yrs
-FA ATF must allow imported 925(d) & (e)
-FA ATF may allow imported 925 (a)(4)
2 Illegal to receive a FA or ammo imported without ATF OK
3-545 illegal to import a FA contrary to custom law, 5 yrs

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14 b ID the violations of prohibited smuggling

-924(k)
-Illegal with intent to engage in a Fed or State drug violation, or Fed crime of violence
-Smuggle (attempt) a FA into the US= 10 yrs

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14c ID the violations of prohibited exportation of FA

-22 USC 2778,
-illegal to willfully export (attempt) FA on the munitions list,
-Without US State Dept approval, 10 yrs

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What make is possible to keep FA out the hands of those not legally entitled to possess them bc of age, criminal background, or incompetency and to prosecute those who use FA to commit violent crimes and drug crimes

Gun Control Act

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924 c

conspiracy attemp crime

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Aliens (immigrant on Visa)

one who comes legally to the US to take up permanent residence,
-may possess FA and purchase FA from non FFL if not prohibited just like US citizen from state of residence

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