Possession of a Firearm by a convicted felon is a very serious crime that can either be prosecuted the Office of the State Attorney or by the U. S. Attorney’s Office. Often times, the federal government will prosecute the charge as the federal sentencing guidelines are much harsher than the state sentencing guidelines.
Pursuant to 18 U.S.C. § 922[g][1-9] federal law prohibits certain individuals from possessing firearms, ammunition, or explosives.
Specifically, 18 U.S.C. § 922(g)(1-9) prohibits the following from possessing, shipping/transporting, or receiving any firearm or ammunition:
- a person convicted of a crime punishable by imprisonment exceeding one year;
- a person who is a fugitive from justice;
- a person who is an unlawful user of or who is addicted to a controlled substance;
- a person who has been adjudicated as a mental defective or who has been admitted to a mental institution;
- an alien who is unlawfully in the United States or who has been admitted to the United States under a nonimmigrant visa;
- a person who has been discharged from the Armed Forces under dishonorable conditions;
- a person who, having been a citizen of the United States, renounces his citizenship;
- a person subject to a court order that was issued after a hearing in which the person participated, which order restrains the person from harassing, stalking, or threatening an intimate partner or partner’s child, and which order includes a finding that the person is a credible threat to such partner or partner’s child, or by its terms prohibits the use, attempted use or threatened use of such force against such partner or partner’s child;
- a person who has been convicted of a misdemeanor crime of domestic violence.
The penalty for violating this law is ten years imprisonment and/or a $250,000 fine. For more information on Federal Possession of a Firearm by a Convicted Felon charges call Fort Lauderdale Federal Criminal Defense Attorney David J. Sobel directly at 954-383-3000.