Understanding the Charge of Possession of a Firearm as a Felon

WHAT IS A FELON IN POSSESSION OF A FIREARM?

One of our bedrock rights in the Constitution is our right to bear arms, found in the Second Amendment. This right, however, can be taken away from an individual for a variety of reasons. If an individual has been deemed by a court to have a mental deficiency or is an unlawful user or an addict to a controlled substance, then that individual’s Second Amendment rights to own or even be in possession of a gun are taken away. If an individual is convicted of a felony or a domestic violence offense, then it is also illegal for that individual to own or possess a firearm. A felony is any criminal offense that carries with it the potential of being imprisoned for longer than one year. Most domestic violence charges are misdemeanors, so it is important to understand that a misdemeanor conviction can also take your Second Amendment rights away. If an individual is precluded from owning or possessing a firearm for any of the reasons stated in 18 USC § 922g, then that person is subject to a federal felony charge for felon in possession of a firearm. If you are facing an investigation or a federal criminal charge for felon in possession of a firearm, then it is critical that you speak to an experienced criminal defense attorney.

WHAT ARE THE POTENTIAL PENALTIES FOR A FEDERAL FELON IN POSSESSION OF A FIREARM CONVICTION? 

The standard maximum possible penalty for a federal felon in possession of a firearm offense is 10 years in federal prison and a fine imposed by the court as stated in 18 USC 924. There are several factors that can increase the potential penalties, which can include the type of weapon in the possession of a felon, or if there are other criminal charges attached. The enhancement factors for felon in possession of firearm charges can include drug trafficking, human trafficking, and violence offenses. If the alleged felon in possession offense also involved a murder, then the individual charged can face the death penalty or up to a life sentence in federal prison. It does not matter whether an individual has a state or federal conviction for a federal charge of felon in possession of a firearm to be authorized by a federal prosecutor. 

WHAT ARE SOME POTENTIAL DEFENSES?

There are several potential defenses that can be used to combat a federal felon in possession of a firearm charge. These defenses can be used to win an outright dismissal or obtain a not guilty verdict at trial, depending on the facts and circumstances. Common defenses to felon in possession of a firearm include: 

• The individual accused is not a felon 
• The individual was falsely accused of having the firearm in his or her possession
• The alleged firearm does not meet the definition of a firearm for the criminal charge to stand
• Law enforcement or other state investigators illegally obtained the firearm due to a Constitutional violation such as a violation of the Fourth Amendment right against unreasonable search and seizure.

These are not all of the potential defenses that may be available to you when facing a federal criminal charge for felon in possession of a firearm. Defenses are based on the facts and circumstances of each individual case. So, it is important to have your case professionally evaluated by an experienced federal criminal defense attorney to know what the best possible defenses for your case are. 

HOW DOES THIS AFFECT ME?

Hopefully, none of this affects you. But if you are currently being investigated for an alleged felon in possession of a firearm, or have already been charged, then this can affect you directly. Investigation and enforcement related to gun crimes are a high priority for federal prosecutors across the country. If you need legal help, then be sure to speak to an experienced attorney right away.

FREE AND CONFIDENTIAL CONSULTATION

At Bajoka Law we are proud to offer consultations that are both FREE and CONFIDENTIAL. We realize that federal gun cases require the proper discretion, and we will treat your situation with the utmost care and caution. It’s time you started to retake control of your life. Feel free to contact us anytime at 1-844-4BAJOKA (1-844-422-5652). You can also contact us online here. We have three statewide offices to service you in Detroit, Lansing, and Warren MI. Your freedom could be a phone call away, but it is up to you to make that call. Our attorneys at Bajoka Law are available now to take your call and your case.