Woburn Sportsmen’s Association 155 Middlesex Turnpike Bedford, Mass., 01730 Who is a “Prohibited Person”?

To participate in any training or activity involving firearms you must not be a “Prohibited Person” as defined by federal law:

The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:

• convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
• who is a fugitive from justice;
• who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
• who has been adjudicated as a mental defective or has been committed to any mental institution;
• who is an illegal alien;
• who has been discharged from the Armed Forces under dishonorable conditions;
• who has renounced his or her United States citizenship;
• who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
• who has been convicted of a misdemeanor crime of domestic violence.

The GCA at 18 U.S.C. § 992(n) also makes it unlawful for any person under indictment for a crime punishable by imprisonment for a term exceeding one year to ship, transport, or receive firearms or ammunition.

Further, the GCA at 18 U.S.C. § 922(d) makes it unlawful to sell or otherwise dispose of firearms or ammunition to any person who is prohibited from shipping, transporting, receiving, or possessing firearms or ammunition.

Important explanations in English

• “possess” in this context means “have under one’s control, hold, or touch”.  This means it’s a federal felony for a Prohibited Person to even touch a gun or ammunition, even under direct supervision.
  
  
• “punishable” means the potential maximum penalty, regardless of actual time served.  e.g.:  if you’re convicted of assault, but you don’t serve any time, you’re still considered a “Prohibited Person”, because the penalty could have been up to 2½ years.
  
  “crime punishable by imprisonment for a term exceeding one year” excludes “any state offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.”.  (18 USC § 921(a)(20)(B))
  
  One quirk of Massachusetts law and drunk driving:  In 1994 Massachusetts increased the maximum penalty for a first time DUI conviction to 2½ years; the only state to have done so.  Therefore a Massachusetts drunk driving conviction that occurred after May 27, 1994 is a disqualifier, but a conviction before then, (or from any other state) is not.  If you have doubts, consult a qualified lawyer.
  
  Another quirk of Massachusetts law is that many misdemeanors have a maximum penalty of 2½ years, making them disqualifiers even though they’re misdemeanors, not felonies.  “Misdafellonies”.
  
  
• “unlawful user” includes medical marijuana; even with a medical marijuana card.  Pot is still illegal according to federal law, despite being “legal” (decriminalized) in several states.  The ATF has determined that possession of a medical marijuana card is evidence of being an unlawful user, and therefore a Prohibited Person.