Felon in Possession of a Weapon Laws

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Who is Considered a Felon?

A person is considered a felon if he or she has been convicted of a crime, either violent or non-violent, that is punishable by a prison term of more than one year.

What Are a Felon's Rights Regarding Possession of a Firearm?

If you have been convicted of a felony, under the federal law popularly known as the Brady Law, and the laws of many states, you are not allowed to knowingly possess a gun. However, to be subject to federal law, the gun must have also been transported across state lines sometime before it came into your possession.

Possession means more than just physically having a gun on your person. In addition to physical possession, the law prohibits felons from having constructive possession of guns. Constructive possession means, for example, a felon cannot have a gun in his house or car, even if he is not present at either location.

The penalties for a felon being found in possession of a gun can be severe. Oftentimes the crime itself is a felony, and as with many other crimes, the more prior felony convictions a person has, the longer the prison sentence prosecutors will seek.

Do I Need a Criminal Defense Attorney?

If you have been charged with being a felon in possession of a gun, speak to an experienced criminal defense attorney immediately. Good legal representation will be the best way you can challenge the charge and, if necessary, defend yourself in court.

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Last Modified: 10-04-2013 12:19 PM PDT

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