What To Know About Gun Possession And Having A Felony

  • By Mike Brock
  • 18 Mar, 2024

Can You Legally Be In Possession Of A Firearm If Convicted Of A Felony?

For convicted felons, federal charges alleging possession of a firearm or ammunition pursuant to 18 U.S.C. §922(g) are extremely serious, and carry harsh penalties. Even seemingly minor and harmless circumstances involving felons and guns can result in up to 10 years of prison time. When persons charged as a felon in possession have prior convictions for certain crimes of violence or serious drug offenses, the Armed Career Criminal Act often causes that potential jail time to jump to 15 years to life in prison.

18 U.S.C. §922(g) forbids the use or possession of a “firearm” (which is defined to include a destructive device) by a person who is a “prohibited person.” The possession of the firearm can be “actual” possession or “constructive” possession (meaning you never actually touched the firearm but had the ability to do so). The list of prohibited people as defined by 18 U.S.C §922(g) includes: (1) a felon; (2) a fugitive from justice; (3) an unlawful user or addict to any controlled substance; (4) a person “adjudicated as a mental defective” or committed to a mental institution; (5) an illegal alien; (6) a person dishonorably discharged from the military; (7) a person who renounced U.S. citizenship; (8) a person subject to an order of protection or restraining order; or, (9) a person with a misdemeanor domestic violence conviction.

Often, circumstances involving charges of possession of a firearm or ammunition by a “prohibited person” are harmless and unintentional. Perhaps, your friend or partner failed to tell you there was a registered gun in his or her glove compartment when you were left alone in a car. Perhaps, you cleaned a friend’s gun as a favor, and were left alone with it. Or perhaps, the person you live with didn’t lock the gun safe, leaving you alone with an array of hunting weapons or bullets that you have never even handled. Or perhaps, you used your friend’s firearm in an emergency to defend your own life or the life of another person, and although that action was life-saving, you now find yourself charged with the possession of that firearm.

Unfortunately, innocent-seeming circumstances involving weapons can lead to serious weapons charges that can have life-altering consequences.

Do not assume that your felony conviction will “fall off” your record after a long period of time passes or that with enough passing time, your status as a “prohibited person” will change. Without intervening action, such as a legal expungement or pardon, you will remain a prohibited person for your entire life.

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