“Felon in Possession of a Firearm” is very often used when someone with a felony conviction simply possesses a firearm. It is regularly referred for federal prosecution when police find a handgun or rifle near a person arrested or detained. There often is not a federal investigation underway that leads to a Felon in Possession of a Firearm charge. This charge can be referred federally when the detained person appears to be in possession of the weapon.
One key requirement for prosecution is that the person has a felony conviction. This means that the person had a conviction of record for a felony case when he possessed the firearm. The felony can be any type of felony crime – drugs, violence, fraud, computer crimes, or any other felony. The felony conviction can be from either federal court or state court. The person convicted of a felony charge is known as a “felon.”
The other key requirement for this charge is
A “firearm” is what we commonly call a “gun” or a “weapon.” It can be a handgun or rifle, and it must be capable of expelling a projectile (bullet) when “fired.” The firearm must be considered in
Many Are Prosecuted in Federal Court
Possessions of firearms are commonly referred for federal prosecution, even when there had not been a federal investigation. This is because these cases are relatively easy to investigate, and they are not factually complex. Also, cases overall in federal court can produce harsher sentences due to the U.S. Sentencing Guidelines. The U.S. Sentencing Guidelines is a point system that recommended a range of imprisonment for federal convictions. “Felon in possession” cases usually carry lower sentences than most federal cases. Nonetheless, like just about all federal prosecutions, the Sentencing Guidelines recommend some amount of prison time. Occasionally, a federal investigation will result in a felon in possession case, submitted as one of
ATF Investigates Local Arrests
The Bureau of Alcohol, Tobacco
Felony Convictions From Years Ago Can Be Used
Any conviction, even one many
Interstate Nexus from the Firearm
The U.S. Supreme Court has affirmed that the subject firearm has to have traveled in interstate commerce for federal cases. The interstate travel does not have to occur at the same time
Whether the person possessed the
subject person being in another person’s residence where there are firearms. Another example of questionable intent is when the subject person demonstrates that he did not know the firearm was near.
A felon can be near a firearm and not know it, or not have the intent to possess the firearm. The prosecution has to prove beyond a reasonable doubt that the subject person had the intent to possess the firearm.
State Cases for Firearm Possession After Felony Conviction
States have their own firearm laws, including a version of Felon in Possession of a Firearm. The Texas law is similar to
Contact Attorney John Teakell
If you have been arrested, or if you are under investigation for firearm charges, contact former federal prosecutor John Teakell. Mr. Teakell will use his experience to defend against firearm charges or any criminal case.