U.S. federal criminal law makes it illegal for certain people to possess a firearm. An example is convicted felons. It is a crime for a convicted felon to have a gun. Washington law also says that it is a criminal offense for some people to possess a firearm. Please contact a skilled criminal defense attorney now if you are being charged under federal law, or are facing any type of criminal charges involving a gun crime.

What is the Unlawful Possession of a Firearm Under Federal Law?

The Gun Control Act (GCA), 18 U.S.C. 922(g), makes it illegal for certain people to possess firearms or ammunition. These people include:

  • Convicted felons,
  • People convicted of a domestic violence misdemeanor,
  • People who are fugitives from justice,
  • People who are addicted to controlled substances,
  • People who have been committed to a mental institution,
  • Illegal aliens, and
  • People who are under a domestic violence restraining order.

Note too, that federal law makes it a crime for minors to possess a gun. But some exceptions do apply.

The term “possess” means to have a gun on one’s person. A person can also possess a firearm if they have control over it. Consider, for example, the scenario where you have a gun in a storage container. While the firearm is not on your person, you technically possess it because you can exercise control over it.

What are the Penalties?

For most people, the unlawful possession of a firearm is punishable by:

  • Custody in federal prison for up to 10 years, and/or
  • A maximum fine of $250,000.

However, keep in mind that a person’s specific sentence will depend on sentencing guidelines and the person’s criminal record. For example, someone with no prior record who is found with one gun might receive 15–21 months in prison. But, in contrast, someone with a record that includes a conviction for a violent crime or a drug crime might receive 70–87 months in prison.

Can a Defendant Raise a Legal Defense?

Yes. You have the right to challenge an unlawful possession charge with a legal defense. A common defense is to show that you did not “possess” a firearm. Recall that the term “possession” has a precise legal definition. This means you can use the definition to try and show that you did not technically have a gun.

Your criminal defense attorney can also try to contest a charge by showing that you do not fall into one of the categories of people who cannot possess a gun. For example, your attorney can prove that you are not a convicted felon or addicted to a controlled substance.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge an unlawful possession charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various criminal charges under federal law. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!

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