Section 921 - Definitions

36 Analyses of this statute by attorneys

  1. The Present and Potential Future of Federal and State Gun Regulations in the United States

    Quinn Emanuel Urquhart & Sullivan, LLPStacylyn DooreJune 27, 2022

    [10] This excludes crimes related to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices. 18 U.S.C. ยง 921(a)(20).[11] This may happen when law enforcement brings an individual to a mental institution, or when a doctor petitions a court to keep a person in a mental institution against the wishes of that person.

  2. DOJ Releases Cryptocurrency Guidance and Enforcement Framework (Part I of II)

    Michael VolkovMatt StankiewiczNovember 3, 2020

    While the DOJ has taken down several more over the last few years, itโ€™s becoming difficult to keep up with the expanding market.Legal AuthoritiesIn Part II, the Report details the legal authorities that the DOJ has used โ€“ and will continue to use โ€“ in prosecuting cases involving cryptocurrency, such as:Wire fraud, 18 U.S.C. ยง 1343Mail fraud, 18 U.S.C. ยง 1341Securities fraud, 15 U.S.C. ยงยง 78j and 78ffAccess device fraud, 18 U.S.C. ยง 1029Identity theft and fraud, 18 U.S.C. ยง 1028Fraud and intrusions in connection with computers, 18 U.S.C. ยง 1030Illegal sale and possession of firearms, 18 U.S.C. ยง 921 et seq.Possession and distribution of counterfeit items, 18 U.S.C. ยง 2320Child exploitation activities, 18 U.S.C. ยง 2251 et seq.Possession and distribution of controlled substances, 21 U.S.C. ยง 841 et seq.Money laundering, 18 U.S.C. ยง 1956 et seqTransactions involving proceeds of illegal activity, 18 U.S.C. ยง 1957Operation of an unlicensed money transmitting business, 18 U.S.C. ยง 1960Failure to comply with Bank Secrecy Act requirements, 31 U.S.C. ยง 5331 et seq.Criminal forfeiture, 18 U.S.C. ยง 982; 21 U.S.C. ยง 853Civil forfeiture, 18 U.S.C. ยง 981.The list is extensive, and the DOJ notes that there are still several other authorities it could explore if necessary, including laws relating to national security, espionage, or conspiracies. Further, there are still obviously various reporting, registration, and record keeping regulations surrounding financial services firms.

  3. Cryptocurrency 101 โ€“ DOJโ€™s New Cryptocurrency Enforcement Framework Provides Guidance And Promises Of Heightened Scrutiny Of Virtual Assets Through Intergovernmental Collaboration

    Vinson & Elkins LLPEphraim (Fry) WernickOctober 22, 2020

    Report at 16.[2] The Report references several statutes, including: 18 U.S.C. ยง 1343 (Wire Fraud); 18 U.S.C. ยง 1341 (Mail Fraud); 15 U.S.C. ยงยง 78j and 78ff (Securities Fraud); 18 U.S.C. ยง 1029 (Access Device Fraud); 18 U.S.C. ยง 1028 (Identity Theft and Fraud); 18 U.S.C. ยง 1030 (Fraud and Intrusions in Connection with Computers); 18 U.S.C. ยง 921 et seq. (Illegal Sale and Possession of Firearms); 18 U.S.C. ยง 2320 (Possession and Distribution of Counterfeit Items); 18 U.S.C. ยง 2251 et seq. (Child Exploitation Activities); 21 U.S.C. ยง 841 et seq. (Possession and Distribution of Controlled Substances); 18 U.S.C. ยง 1956 et seq. (Money Laundering); 18 U.S.C. ยง 1957 (Transactions Involving Proceeds of Illegal Activity); 18 U.S.C. ยง 1960 (Operation of an Unlicensed Money Transmitting Business); 31 U.S.C. ยง 5331 et seq. (Failure to Comply with Bank Secrecy Act Requirements); 18 U.S.C. ยง 982 and 21 U.S.C. ยง 853 (Criminal Forfeiture); and 18 U.S.C. ยง 981 (Civil Forfeiture).[3] Report at 26.[4]Id.

  4. Potential Gun Control Legislation Amid Recent Mass Shootings

    Baker DonelsonSeptember 9, 2019

    Indeed, only two โ€“ the Bipartisan Background Checks Act of 2019 (H.R.8) and the Enhanced Background Checks Act of 2019 (H.R.1112) โ€“ have passed from the House to the Senate. The following is an overview of gun control-related bills organized by topic.Restriction of Assault Weapons and High-capacity MagazinesThe Assault Weapons Ban of 2019 (H.R.1296), which was introduced by Representative David Cicilline (D-RI) and has 205 co-sponsors, seeks to amend Title I of the Gun Control Act of 1968 (as amended by the Firearms Owners' Protection Act of 1986 and subsequent enactments), 18 U.S.C. ยงยง 921 et seq., to make it "unlawful for a person to import, sell, manufacture, transfer, or possess . . . a semiautomatic assault weapon" (SAW) or a large capacity ammunition feeding device (LCAFD). The definition of SAW is extensive and limits lawful possession of semiautomatic firearms to discrete subcategories of rifles, pistols and shotguns based on their appearance, magazine type (detachable versus fixed), and functional features (i.e., threaded barrel, forward grip, adjustable stock, etc.).

  5. See You In Court! - May 2019

    Shipman & Goodwin LLPMay 1, 2019

    Expulsion may be imposed for off-campus conduct, however, only in limited circumstances, and otherwise school officials do not have jurisdiction over student behavior outside of school.By enacting the mandatory expulsion statutes, the General Assembly conferred jurisdiction on school officials over student misconduct in specified situations. Expulsion is mandatory in three situations of off-campus misconduct: (1) possession of a โ€œfirearm, as defined in 18 USC 921,โ€ (2) possession and use of a firearm, deadly weapon, dangerous instrument or martial arts weapon in the commission of a crime, or (3) offering a controlled substance for sale or distribution. The requirement that expulsion be imposed for such conduct confers jurisdiction in such cases.Otherwise, school officials have jurisdiction over student misconduct off-campus only if the misconduct violates a publicized policy of the board of education and is โ€œseriously disruptive of the educational process.โ€

  6. Gold Dome Report - March 2019 #2

    Nelson Mullins Riley & Scarborough LLPStanley Jones, Jr.March 5, 2019

    18 USC 922 is the federal reference. Several terms defined are in 18 USC 921. โ€œIntimate partnerโ€ is defined there.

  7. How SilencerCo Strategically Uses Two Federal Laws in Innovative Design of the Maxim 50

    Williams MullenCharles James, Jr.September 28, 2017

    How?The Gun Control Act of 1968 (โ€œGCAโ€) is a federal law that regulates the firearms industry and firearms owners. See 18 U.S.C. ยง 921, et seq. In creating the Maxim 50, SilencerCo relies on two seemingly nondescript (and oft overlooked) provisions of the GCA.

  8. Violation of Municipal Domestic Battery Ordinance Cannot Support a 18 USC ยง 922(g)(9) Conviction

    Federal Public Defender Office, District of New MexicoShari AllisonMay 29, 2017

    United States v. Pauler, 2017 WL 2233740 (May 23, 2017) (KS) (published): The panel reverses Paulerโ€™s conviction for possessing a firearm after having been convicted of a misdemeanor crime domestic violence. The term โ€œmisdemeanor crime of domestic violenceโ€ is defined in 18 U.S.C. ยง 921(a)(33)(A) as a โ€œmisdemeanor under Federal, State of Tribal law.โ€ Using basic rules of statutory construction, the panel concludes that Paulerโ€™s conviction for violating a municipal domestic battery ordinance is not a โ€œmisdemeanor under Federal, State or Tribal law.โ€

  9. City misdemeanors do not trigger federal gun prohibition

    Kansas Federal Public DefenderPaige A. NicholsMay 24, 2017

    So sayeth the Tenth Circuit this week in United States v. Pauler:The term "misdemeanor crime of domestic violence" is defined in the pertinent statute as "a misdemeanor under Federal, State, or Tribal law" that "has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by . . . a person similarly situated to a spouse, parent, or guardian of the victim." 18 U.S.C. ยง 921(a)(33)(A). The district court denied Defendantโ€™s motion to dismiss the indictment for failure to state an offense, holding that Defendant violated ยง 922(g)(9) because he possessed a firearm in 2014 after having been convicted in 2009 of violating a Wichita, Kansas municipal domestic battery ordinance by punching his girlfriend.

  10. Can some people recover their right to possess a firearm despite the federal firearm ban?

    Wisconsin State Public DefenderSeptember 18, 2016

    The brief answer from two recent federal court decisions is โ€œyes,โ€ though the devil, as they say, is in the details.The first decision, from a highly fractured en banc panel of the Third Circuit, involves persons convicted of a misdemeanor punishable by more than one year, who are banned from possessing a firearm under 18 U.S.C. ยงยง 921(a)(20)(B) and 922(g)(1). A majority of the court held that applying that ban to the two men in this case violated their Second Amendment rights, though the vote was close (8 to 7) and thereโ€™s no apparent majority rationale for the result.