Federal Felon in Possession and Firearms Charges: Overview by a former Federal Prosecutor and Federal Firearms Defense Attorney
Federal Felon in Possession and Firearms Charges
Federal firearms charges are often pursued by federal prosecutors, partly because the government finds many of these cases relatively easy to prove. However, don’t be deceived—these cases are not as straightforward as prosecutors might suggest. There are numerous legal requirements that must be satisfied before the government can secure a conviction. Recently, there has been a trend of federal prosecutors taking on cases that might previously have been handled at the state level. This shift is largely due to the more severe sentencing that federal courts can impose. Additionally, these charges are sometimes used strategically to pressure individuals into cooperating with authorities.
What must the government prove when charging a federal firearm crime such as felon in possession?
1. Elements Required to Prove Federal Firearms Charges: – Under 18 U.S.C. 922(g) and 924(a)(2), the government must prove that the defendant knew they possessed a firearm and knew they belonged to a class of persons barred from possessing a firearm. Simply, the government must prove that the person possession the firearm was a prohibited person as a result of a prior felony or who has been convicted of, a crime punishable by imprisonment for a term exceeding one year.
For possession of unregistered firearms under 26 U.S.C.S.5861(d), the government must prove: (1) possession of certain items, (2) the items were firearms, and (3) the firearms were not registered.
Title 26 violations require proof that the defendant possessed or transferred certain items, the items were defined as firearms under 5845, and the firearms were not registered.
What mental state is required? What must the government prove?
Courts presume that Congress intends to require a defendant to possess a culpable mental state regarding each statutory element that criminalizes otherwise innocent conduct. Therefore, the prosecutor must prove knowing possession of the items and knowledge that the items possessed were firearms. There is no requirement to prove the defendant’s specific intent or knowledge that the firearms were unregistered.
What is the potential punishment range for federal firearms charges?
Under 18 U.S.C. 924(a)(2), the offense may be punished by a fine, imprisonment for up to ten years, or both. Further, the Violent Crime Control and Law Enforcement Act of 1994 enhanced penalties for certain offenses, increasing the penalty for a violation under 18 U.S.C. 1546(a) to up to ten years imprisonment or a fine, or both.
What should I do if I’ve been arrested for federal felon in possession of a firearm or federal firearms charges?
If you’ve been arrested for being a federal felon in possession of a firearm, it’s crucial to take specific steps to protect your rights and navigate the legal process effectively:
- Seek Legal Representation: Immediately contact a qualified criminal defense attorney who has experience with federal firearms cases. Federal cases can be complex, and having an attorney who understands the intricacies of federal law is crucial. Contact us for a discrete consultation.
- Exercise Your Right to Remain Silent: You have the right to remain silent, and it’s important to exercise this right until you have legal representation. Anything you say can potentially be used against you. Do not talk to law enforcement without your attorney.
- Avoid Discussing the Case: Refrain from discussing the details of your case with anyone other than your attorney. This includes avoiding conversations on social media.
Being arrested for a federal felon in possession of a firearm is a serious matter, and taking these steps can help ensure that you are properly represented and that your rights are protected throughout the legal process. Contact Almonte Law today.