United States of America v. DeMarcus J. Chappel

St. Louis, Missouri criminal defense lawyer represented the Defendant charged with felony possession of a firearm.



Who can legally own a firearm in the United States?



In the United States, adults who are U.S. citizens, lawful permanent residents, or certain other foreign nationals, and who are not otherwise prohibited, can legally own firearms.



Key prohibited categories include individuals convicted of felonies, fugitives, those with certain mental health adjudications, illegal drug users and addicts, and those subject to domestic violence restraining orders. Additionally, federal and state laws dictate minimum age requirements for purchasing different types of firearms, with 18 often being the minimum for long guns (rifles and shotguns) and 21 for handguns from licensed dealers.

Federal Requirements for Ownership



Age: 18 years old for long guns (rifles and shotguns) and ammunition, and 21 years old for all other firearms and ammunition from licensed dealers.



Citizenship Status: The ability to possess firearms is generally restricted to U.S. citizens, lawful permanent residents, and a limited number of foreign nationals who meet specific criteria.



Federal Prohibitions

Under federal law, certain individuals are prohibited from possessing firearms, including those who:



Are convicted of a felony or a misdemeanor punishable by more than one year in prison.

Are fugitives from justice.

Are subject to a court order that restrains them from harassing, stalking, or threatening a family member.

Have been dishonorably discharged from the U.S. military.

Have renounced their U.S. citizenship.

Are unlawful users of or addicted to any controlled substance.

Have been adjudicated as a mental defective or committed to a mental institution.

Are in the U.S. illegally.



State Laws and Variations



Minimum Age: Many states have set higher minimum ages for purchasing firearms, with some prohibiting handgun sales to individuals under 21 and long gun sales to those under 18.



Background Checks: States may require background checks for all firearm sales, including those from private sellers.

Permits: Some states require a permit or license to purchase a firearm or to carry one in public.



Important Note:



State laws can impose stricter regulations and may vary significantly from federal law. It is crucial to consult your specific state's laws and regulations to understand the full scope of firearm ownership requirements and prohibitions

The defendant admitted that the government could prove by a preponderance of evidence that he violated the terms of supervision. Supervised Release is revoked. The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 24 months. This sentence shall be served consecutively to any other sentence imposed in any other case or jurisdiction. Upon release from imprisonment the defendant shall be on supervised release for a term of 12 months.