When someone is convicted of a felony, their rights can be significantly restricted — and one of the most common legal issues that arises after a felony conviction is the unlawful possession of a firearm. A charge of “possession of a firearm by a felon” is a serious offense in any jurisdiction and can carry severe penalties, including prison time, fines, and an extended criminal record.
What Is “Possession of a Firearm by a Felon”?
This charge arises when a person who has been previously convicted of a felony is found in possession of a firearm. The legal system generally prohibits felons from owning, possessing, or controlling firearms, whether temporarily or permanently, depending on the law of the jurisdiction. This applies to handguns, rifles, shotguns, and even certain types of ammunition or firearm accessories.
Possession doesn’t always mean that the weapon was found on the person’s body. Courts recognize both actual possession (the firearm is physically on the individual) and constructive possession (the firearm is in a place under the person’s control, such as their home, vehicle, or belongings).
Why Is This Law in Place?
The purpose of restricting firearm ownership by convicted felons is public safety. Felonies typically involve serious criminal conduct, and lawmakers aim to reduce the risk of violence or further offenses by keeping weapons out of the hands of individuals with a criminal history. Even if the underlying felony was non-violent, the prohibition still often applies uniformly.
Defending Against the Charge
Being charged with possession of a firearm as a felon doesn’t always result in a conviction. There are several potential defenses:
- Lack of Possession – If the firearm was not in the defendant’s control or possession, the prosecution may not be able to prove the charge.
- Illegal Search and Seizure – If the firearm was discovered during an unlawful search that violated the defendant’s Fourth Amendment rights, the evidence may be suppressed.
- Mistaken Identity – If someone else was in possession of the weapon or if the firearm was planted or unknowingly present, this may create reasonable doubt.
- Restoration of Rights – In some cases, a felon’s gun rights may have been legally restored, either through a pardon, expungement, or a successful petition under state or federal law.
The Consequences of a Conviction
A conviction for possession of a firearm by a felon typically carries serious consequences. Penalties can range from mandatory minimum sentences to multi-year prison terms, depending on the person’s criminal history, whether the firearm was used in connection with another crime, and whether there were aggravating factors like gang involvement or proximity to schools.
Beyond legal penalties, a conviction can further limit a person’s civil rights and future employment opportunities. It may also enhance sentencing in any future criminal cases.
Final Thoughts
Possessing a firearm after a felony conviction is a high-risk decision that can lead to major legal consequences. Anyone facing this charge should seek experienced legal representation as early as possible. Our knowledgeable lawyers in Greensboro, NC from Garrett, Walker, Aycoth & Olson, Attorneys at Law can evaluate the case, explore potential defenses, and work toward the best possible outcome. Understanding your rights and legal risks is crucial when navigating such a serious charge.