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8.55 Firearms-Transporting or Receiving in State of Residence (18 U.S.C. Sec. 922(a)(3))

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

8.55 Firearms-Transporting or Receiving in State of Residence (18 U.S.C. Sec. 922(a)(3)) is a federal law that regulates the transportation and receiving of firearms across state lines. This law prohibits any person from transporting or receiving a firearm in any state other than the state in which he or she resides. The law also prohibits an individual from transporting a firearm across state lines through a third party. This law is intended to prevent the illegal transfer of firearms across state lines and ensure that firearms are only transported and received in the state of the individual's residence. There are two types of 8.55 Firearms-Transporting or Receiving in State of Residence (18 U.S.C. Sec. 922(a)(3)): transporting and receiving. Transporting requires an individual to move the firearm from one state to another, while receiving involves an individual's receipt of a firearm from out of state. This law is in place to ensure that firearms are not illegally transferred across state lines and to preserve the right of individuals to possess firearms in their state of residence.

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FAQ

POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON: 18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment.

Section 922(g) for possessing ammunition and having previously been convicted of a felony. The charge carries a maximum penalty of ten years in prison.

The penalty provision for a violation of § 922(g) appears at 18 U.S.C. § 924(a)(2), which provides that a person who "knowingly" violates § 922(g) "shall be fined as provided in this title, imprisoned not more than 10 years, or both."

It shall be unlawful for any person to transport or ship in interstate or foreign commerce, any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.

(3) The term "firearm" means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device.

Interstate or foreign commerce.

(i) It shall be unlawful for any person to transport or ship in interstate or foreign commerce, any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.

Title 18, United States Code, Section 922(g) makes it unlawful for certain classes of individuals to ship, transport, possess or receive any firearm or ammunition with the required interstate commerce nexus.

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8.55 Firearms-Transporting or Receiving in State of Residence (18 U.S.C. Sec. 922(a)(3))