One of the most asked questions about firearms is "Who can have them and who can't?" Every state has laws that define who is prohibited (a person that may not legally possess a firearm) and what firearm is illegal (the firearm is illegal to possess.) While each state may have different definitions of what is legal, all states begin with the basic federal laws that define persons who cannot have or possess a weapon. 

Federal guidelines for firearms laws are found in the federal law books called the United States Code or U.S.C. The United States Code is divided by titles and then subdivided by sections. Federal law that defines persons prohibited from possessing firearms is: 

Section 922 defines unlawful acts. Section 922(d) defines specifically who cannot have a weapon pursuant to federal law. It is the basic definition. While a state law may be more restrictive, it can never be less restrictive than federal law. When state and federal law conflict, the most restrictive definition of who cannot have a firearm applies. It is illegal to release a firearm to a prohibited person. 

Federal law prohibits the following persons from having, receiving, or possessing a firearm.

Under indictment: 
A person who is under indictment for, or has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year. "Crime punishable by imprisonment for a term exceeding one year" does not include any State offense classified by State law as a misdemeanor and punishable by a term of imprisonment of two years or less. This gives property officers the right to refuse to release a gun to a person who has been arrested but not yet tried on a criminal charge. 

Fugitive from Justice: 
This covers the run but cannot hide people. This includes individuals who have fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceedings. 

Drug Addict: 
Includes unlawful user of or someone addicted to any controlled substances. (Title 21 U.S.C. 802 defines an "addict" as any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self control with reference to the addiction.) 

Mental Defective: 
Includes anyone who has been adjudicated as a mental defective or who has been committed to a mental institution. A person who has been held for observation and examination, pursuant to a county mental health board, but was not found to be mentally ill, is not considered to have been committed.

Alien: 
Any person who is in the United States unlawfully or illegally may not own or possess a weapon. 

Dishonorable Discharge: 
Includes any person who has been discharged from the Armed Forces under dishonorable conditions. 

Renounced Citizenship: 
Any citizen of the United States who has renounced his or her citizenship. 

Another category of prohibited persons was just passed as part of the crime bill. In the past, it has been illegal for an under aged person to buy a firearm or ammunition. Soon to take effect is a prohibition making it illegal to give a minor a handgun. 

Federal law provides the minimum standard. However, in 1994 nearly 50% of states passed additional restrictions on gun ownership, possession, or what is a legal weapon. Gun laws are a hot topic for change during this election year. 

A recent Justice Department Study indicated that in 1992 a record 930,700 violent crimes were committed involving guns, with another 917,500 non-violent crimes involving handguns. 

With rapidly changing laws and rising statistics on handgun use, it can be very difficult to keep up on state laws that address gun possession. One way is through the use of A TF publication 5300.5 entitled, "State Laws and Published Ordinances - Firearms." The publication lists the applicable laws for each state, and where they may be found. Always compare the printed law with a current state legal code book for the most current version of the law.