Legal Question in Civil Rights Law in Texas

Hello:

It is my understanding the Gun Control Act of 1968 prohibits a person from gun ownership that has been convicted of a crime punishable by more than one year in jail even though the individual may not have ever served anywhere near a year in jail. When I read the bill of rights regarding a person right to own a gun I do not see any conditions on those rights.

1) Is the Gun Control Act constitutional?

2) If the Gun Control Act of 1968 it is not constitutional would it take a court order to get NICS to step aside and above the gun sale for an individual that has been convicted of a crime punishable by more than a year in jail?

3) If the constitutionality of the Gun Control Act of 1968 was challenged is it likely the courts including the Supreme Court would be willing to hear the case and if so what would be the estimated cost?

4) If the courts did hear the case is it likely they would rule the Gun Control Act of 1968 to be unconstitutional? Is there any court presents on the subject?

Sincerely,

Mark


Asked on 2/01/14, 2:35 pm

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

You raise several interesting questions that this forum is not intended to address. This forum is not intended to provide commentary and analysis of broad socio-legal issues such as gun control. To answer your question, yes the gun control act has been found to be constitutional though various provisions of it have been held unconstitutional.

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Answered on 2/01/14, 3:04 pm


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