Penalty for violating USC 18USC-922(a)(3)?

[HoughMade]

"Bequest" is inheriting through a will. "Intestate succession" is inheriting without a will according to the statutes which control.

As for federal sentencing guidelines, don't forget that the guidelines are advisory and not binding upon the judge. The judge can depart up or down from the guidlines, but within the statutory maximum or minimum if they exist. For instance, the sentencing guideline my result in a recommended range of 24 to 30 months for a given offense, but if the criminal statute says "minimum 10 years", the judge has no discretion to sentence below 10 years. Likewise, if the guideline range is the same but the statute sets a maximum of 2 years, the judge can sentence anywhere from 0 to 24 months, but no more.

18 U.S.C 922(a)(3) and (5) both have a statutory maximum of 5 years, so I would say 5 years max. for each offense, so the sentencing range is 0 to 60 months regardless of the guidelines (per offense).

The federal justice system is a wonderfully goofy system. I have client (I represent him civilly, not criminally) who was recently sentenced to 84 months where the guidelines gave a range of 37 to 46 months.

 

[Johnny C]

I have always wondered, Do I have to proove with receipts etc. that I have swapped out the requisite # of parts to be 922 complient?
Else how would they know?

 

[kludge]

No, they have to prove you didn't.

Receipts might help create reasonable doubt.

IANAL.

 

[Kirk Freeman]

Else how would they know?

We have jumped to 922(r) now?

USA proves stuff by calling on the unlimited time and resources of the federal government. In 922(r) it would be ATFE expert witness testimony and confidential informants.

 

[wag1911]

On a slightly off note, I was looking at 922 and found this (specifically 5B):

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§ 922 Unlawful acts.​

(a) It shall be unlawful—

(5) for any person (other than a licensed importer, licensed manufacturer,licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any
person (other than a licensed importer,licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person
is a corporation or other business entity,does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the
transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person
who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

The last sentence would seem to mean that you could theoretically take possession of a handgun from an out of state friend without having to go through an FFL since you are not owning it, but rather borrowing it.

The question I have is what does 'temporary' mean in the eyes of the law?