Two federal laws—the Gun Control Act and the Arms Export Control Act—identify persons who are prohibited from shipping, transporting, receiving, or possessing firearms or ammunition, or receiving a license to export arms. These persons are known as prohibited persons.
Gun Control Act
The Gun Control Act (GCA)—a federal statute located at 18 U.S.C. § 921—makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition—including 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, located 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.
18 U.S.C. § 922(g).
The GCA 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. 18 U.S.C. § 922(n).
And the GCA 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. 18 U.S.C. § 922(d).
Arms Export Control Act
The Arms Export Control Act (AECA)—a federal statute located at 22 U.S.C. §2751—prohibits the issuance of export licenses to persons who have been convicted under:
• Section 38 of the AECA, 22 U.S.C. 2778;
• Section 11 of the Export Administration Act of 1979, 60 U.S.C. App. 2410;
• Sections 7903, 794, or 798 of Title 18, U.S.C., relating to espionage involving defense or classified information;
• Section 16 of the Trading with the Enemy Act, 50 U.S.C. App. 16;
• Section 30A of the Securities Exchange Act of 1934, 15 U.S.C. 78dd-1, or section 104 of the Foreign Corrupt Practices Act, 15 U.S.C. 78dd-2;
• Chapter 105 of Title 18, U.S.C., relating to sabotage;
• Section 4(b) of the Internal Security Act of 1950, 50 U.S.C. 783(b), relating to communication of classified information;
• Sections 57, 92, 101, 104, 222, 224, 225, or 226 of the Atomic Energy Act of 1954, 42 U.S.C. 2077 2122, 2131, 2234, 2272, 2275, and 2276;
• Section 601 of the National Security Act of 1947, 50 U.S.C. 421, relating to the protection of the identity of undercover intelligence officers, agents, and other sources;
• Section 371 of Title 17, U.S.C., when it involves conspiracy to violate any of the above statutes; and
• International Emergency Economic Powers Act, 50 U.S.C. 1702 and 1705.
In Texas, as in all states, federal laws regarding firearms and ammunition possession apply. The Gun Control Act (GCA) prohibits certain individuals, known as prohibited persons, from shipping, transporting, receiving, or possessing firearms or ammunition. These individuals include those convicted of a crime punishable by more than a year in prison, fugitives, unlawful drug users or addicts, those adjudicated as mentally defective or committed to mental institutions, illegal aliens, those dishonorably discharged from the Armed Forces, those who have renounced U.S. citizenship, those under restraining orders for domestic violence, and those convicted of misdemeanor domestic violence. Additionally, the GCA restricts individuals under indictment for crimes punishable by more than a year from dealing with firearms or ammunition and prohibits the sale of firearms or ammunition to prohibited persons. The Arms Export Control Act (AECA) further restricts export licenses for arms to individuals convicted of certain offenses, including espionage, sabotage, and violations of the Atomic Energy Act, among others. These federal statutes are enforced in Texas and provide the framework for who may legally possess or deal with firearms, ammunition, and arms exports.
