If a person was arrested and convicted of money laundering in 1995 serves his 30 months, and his 2 years of supervised release, is he allowed to own or possess a firearm in 2013??

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kipling2448's profile pic

kipling2448 | (Level 3) Educator Emeritus

Posted on

I’m assuming that the “1984 Reform Act” to which you refer is the “Comprehensive Crime Control Act of 1984,” which was part of a much larger bill passed by Congress, specifically, a continuing resolution intended to continue to fund select agencies of the federal government and known as Public Law 98-473.  To the best of my knowledge, there is nothing in that Act that addresses the issue of firearm possession for convicted felons who have completed their sentences, including any periods of parole.  The Comprehensive Crime Control Act does include sections addressing the release or detention of defendants pending trial and requirements pertaining to convicted felons under supervised release following a period of imprisonment (i.e., parole).  None of these sections, however, address the matter of post-imprisonment/parole/probation rights or privileges.  Consequently, the only operative statutes that would seem apply are those that I included in my initial answer to your question.  The citations from Title 18 of the U.S. Code, consequently, are the only applicable statutes I’ve been able to locate.  As such, my initial response remains: convicted felons are barred from possession of a firearm even following completion of their sentences.

kipling2448's profile pic

kipling2448 | (Level 3) Educator Emeritus

Posted on

For purposes of revocation of rights, whether possession of a firearm or voting in an election, a felony is a felony, irrespective of whether the conviction was for money laundering or murder.  In practice, voting rights in most states are reestablished upon completion of one’s sentence, except in cases of particularly heinous crimes; the right to own a gun, however, is understandably treated differently.  Under Title 18 of the United States Code (in effect, federal law), Section 922, it is illegal to transfer through sale or otherwise provision to an indicted or convicted criminal a firearm, as noted in the citation from that section of federal law below:

“(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—

(1)    is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; . . .”

It is further specified in Title 18, Section 922(g), that:

(g) It shall be unlawful for any person—

. . .(9) who has been convicted in any court of a misdemeanor crime of domestic violence, . . .” to be in possession of a firearm

Money laundering is a felony both at the federal level and in most states.  State laws in general do not allow for reestablishment of gun rights following completion of a sentence for a felony nor, in the case of domestic violence, for misdemeanors.  Some states do allow for restoration of gun rights upon appeal or, in extremely remote cases, issuance of a pardon by a governor or president.  To reiterate, however, such instances are exceedingly rare.  Money laundering being a nonviolent crime, even though a felony, may allow for a higher likelihood of restoration of gun rights, but don’t count on it.  As mentioned, for purposes of rights revocations, a felony is a felony, and money laundering is a felony.

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user6641307's profile pic

user6641307 | eNotes Newbie

Posted on

I understand and agree with you 100%.  But my question is based on the 1984 Reform Act.  So I guess what I am asking is . . . under the 1984 Reform Act regardless of the current laws on the books at this time, if, in a person's sentencing report states that "he cannot possess a fire arm or an explosive device while under supervised release" does that mean that after the supervised released has commenced, does he have the right to possess a firearm?

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