BDUSMI 2205 EXAM #2 WITH
COMPLETE SOLUTIONS
Distinguish between a felony and a misdemeanor - Correct Answers -Felony
More than one year
Note you don't have to serve the whole year
Misdemeanor
Less than one year but more than five days (less than five days is usually considered an
infraction)
Categories of individuals prohibited from possessing firearms are what? - Correct
Answers -- Convicted Felons (Except: Antitrust violations, Pardons, crimes not
designated as felony)
- Fugitive from Justice
- Adjudicated by a court as mentally defective
- Renounced U.S Citizen
- Misdemeanor crime of Domestic Violence
- Illegal Aliens
- Persons with dishonorable discharge - Drug users/addicts
- Domestic restraining orders
Assimilative Crimes Act (18 USC 13) - Correct Answers -Turns State Law into Federal
Law. The Federal Government adopts the State Law. You have to use the State Law
exactly the same way.
(If there is a federal law covering the same topic then the Feds have to use their law.)
Only applicable in Exclusive/concurrent jurisdictions
Types of Jurisdiction (Hint x3) - Correct Answers -1. Exclusive Jurisdiction
2. Concurrent Jurisdiction
3. Proprietary Jurisdiction
Exclusive Jurisdiction - Correct Answers -The area is under the jurisdiction of only the
Federal Government
, Concurrent Jurisdiction - Correct Answers -The area is under dual jurisdiction of Federal
and State
Proprietary Jurisdiction - Correct Answers -The area is under only Local and State
Jurisdiction
Main reason to initiate a firearms trace through the ATF (Hint x3) - Correct Answers -To
link criminally used weapons to a specific person.
Also to identify:
(1) stolen property
(2) associates of suspects
(3) sources and suppliers of firearms for criminal suspects.
What information is needed to properly trace a firearm? (Hint x4) - Correct Answers -1.
Make
2. Model
3. Serial Number
4. Caliber/Gauge
What information will you obtain from a firearm trace? (Hint x5) - Correct Answers -1.
Manufacturer
2. Exporter/importer
3. Wholesaler
4. Retail gun dealer
5. First lawful purchaser
What does "General Intent" mean in regards to violating the law? - Correct Answers -
Knowing (Offense only requires the intent to do the prohibited act)
No specific mental state
What does "Specific Intent" mean in regards to the violating the law? - Correct Answers
-Willfully (Requires proof of a specific mental state/perpetrator desired the
consequences of actions, may see words like malicious in these circumstances)
Strict Liability - Correct Answers -Intent doesn't matter (act is enough)
What does Title 18 U.S.C $111 cover? - Correct Answers -(Assault and Battery)
Title 18 U.S.C $111 protects people designed in 18 U.S.C $1114 (Federal Employees
and those assisting them) from assault and battery.
Does Title 18 U.S.C $111 make it a crime to forcibly assault, resist, oppose, impeded,
intimidate or interfere with any person designated in $1114, (1) while that person is
engaged in official duties, or (2) on account of something that person did while
performing official duties? - Correct Answers -Yes
COMPLETE SOLUTIONS
Distinguish between a felony and a misdemeanor - Correct Answers -Felony
More than one year
Note you don't have to serve the whole year
Misdemeanor
Less than one year but more than five days (less than five days is usually considered an
infraction)
Categories of individuals prohibited from possessing firearms are what? - Correct
Answers -- Convicted Felons (Except: Antitrust violations, Pardons, crimes not
designated as felony)
- Fugitive from Justice
- Adjudicated by a court as mentally defective
- Renounced U.S Citizen
- Misdemeanor crime of Domestic Violence
- Illegal Aliens
- Persons with dishonorable discharge - Drug users/addicts
- Domestic restraining orders
Assimilative Crimes Act (18 USC 13) - Correct Answers -Turns State Law into Federal
Law. The Federal Government adopts the State Law. You have to use the State Law
exactly the same way.
(If there is a federal law covering the same topic then the Feds have to use their law.)
Only applicable in Exclusive/concurrent jurisdictions
Types of Jurisdiction (Hint x3) - Correct Answers -1. Exclusive Jurisdiction
2. Concurrent Jurisdiction
3. Proprietary Jurisdiction
Exclusive Jurisdiction - Correct Answers -The area is under the jurisdiction of only the
Federal Government
, Concurrent Jurisdiction - Correct Answers -The area is under dual jurisdiction of Federal
and State
Proprietary Jurisdiction - Correct Answers -The area is under only Local and State
Jurisdiction
Main reason to initiate a firearms trace through the ATF (Hint x3) - Correct Answers -To
link criminally used weapons to a specific person.
Also to identify:
(1) stolen property
(2) associates of suspects
(3) sources and suppliers of firearms for criminal suspects.
What information is needed to properly trace a firearm? (Hint x4) - Correct Answers -1.
Make
2. Model
3. Serial Number
4. Caliber/Gauge
What information will you obtain from a firearm trace? (Hint x5) - Correct Answers -1.
Manufacturer
2. Exporter/importer
3. Wholesaler
4. Retail gun dealer
5. First lawful purchaser
What does "General Intent" mean in regards to violating the law? - Correct Answers -
Knowing (Offense only requires the intent to do the prohibited act)
No specific mental state
What does "Specific Intent" mean in regards to the violating the law? - Correct Answers
-Willfully (Requires proof of a specific mental state/perpetrator desired the
consequences of actions, may see words like malicious in these circumstances)
Strict Liability - Correct Answers -Intent doesn't matter (act is enough)
What does Title 18 U.S.C $111 cover? - Correct Answers -(Assault and Battery)
Title 18 U.S.C $111 protects people designed in 18 U.S.C $1114 (Federal Employees
and those assisting them) from assault and battery.
Does Title 18 U.S.C $111 make it a crime to forcibly assault, resist, oppose, impeded,
intimidate or interfere with any person designated in $1114, (1) while that person is
engaged in official duties, or (2) on account of something that person did while
performing official duties? - Correct Answers -Yes
