What Happens if a Felon Gets Caught with a Gun?
Federal Firearms Laws
In the United States, possessing a gun as a felon is considered a serious crime. According to federal law, if a person has been convicted of a felony, it is illegal for them to possess, receive, sell, or distribute a firearm. This includes all types of firearms, such as handguns, rifles, and shotguns. possessing a gun as a felon can result in severe criminal penalties.
felony conviction can be made up of many different charges, including:
- Murder
- Manslaughter
- Robbery
- Aggravated Assault
- Battery
- Burglary
- Theft
- Drug Possession
- Drug Distribution
The Federal Possession of a Firearm by a Convicted Felon Statute
According to 18 U.S.C. § 922(g), it is unlawful for any person who has been convicted of a felony and has not been subsequently released or pardoned to:
- Possess a firearm or ammunition;
- Use or carry a firearm during and in relation to any crime of violence or drug trafficking crime; or
- Receive, possess, or transfer any firearm or ammunition.
Consequences of Possessing a Gun as a Felon
If a felon is caught with a gun, they can face severe penalties, including:
- Up to 10 years in federal prison if the gun was possessed as part of a crime involving violence or a drug crime;
- Up to 5 years in federal prison if the gun was possessed solely as a result of a prior conviction;
- Fine, up to $250,000;
additional penalties may also be assessed, including
- Imprisonment for violation of probation or parole
- Loss of civil liberties, such as the right to vote
- Permanent loss of Second Amendment rights
Other Consequences
In addition to legal penalties, possessing a gun as a felon can have other consequences, including:
- Loss of employment and education opportunities due to the felony conviction and association with illegal activities;
- Difficulty finding housing and accessing medical care due to background checks and security clearances;
- Strains on family relationships and social connections;
- Increased risk of re-incarceration due to the felony conviction and difficulty finding legal and gainful employment.
Defending Yourself
If you are accused of possessing a gun as a felon, it is essential to hire an experienced criminal defense attorney. Depending on the circumstances of your case, there may be defenses available, including:
- Disputing the evidence: Challenging the admissibility of evidence obtained during searches and seizures.
- Claiming an unlawful arrest: Arguing that your arrest was illegal, including claims of illegal search, seizure, and arrest procedures.
- Arguing lack of knowledge: Attempting to demonstrate that you did not know you had a gun in your possession or that the gun did not belong to you.
Conclusion
Possessing a gun as a felon is a serious criminal offense that carries significant consequences. If you are caught with a gun and are a convicted felon, you can face imprisonment, fines, and other penalties that can have long-lasting and far-reaching effects on your life. It is crucial to understand the laws regarding firearms and the consequences of violating them to avoid any legal troubles.
FAQ
- Q: Is it illegal to possess a gun as a felon even if I never used the gun in a crime?
A: Yes. Possessing a gun as a felon is illegal even if you did not use the gun in a crime. - Q: Can I appeal a felony conviction?
A: Yes. Depending on the circumstances of your case and the laws in your state, you may be able to appeal your felony conviction. - Q: Can I regain my gun rights after serving my sentence?
A: This depends on the laws of your state. Some states allow felons to apply for a permit to restore their gun rights after a certain period of time.
