UNLAWFUL POSSESSION OF A FIREARM UNDER FEDERAL LAW
FEDERAL LAW ON UNLAWFUL POSSESSION OF A FIREARM
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.
PENALTIES FOR UNLAWFUL POSSESSION OF A FIREARM
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.
DEFENSES TO UNLAWFUL POSSESSION OF A FIREARM
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.