Seek Professional Legal Counsel On Felon In Possession Of A Firearm Issues
If you or a loved one have concerns or face federal charges related to felon in possession of a firearm, it’s critical to consult with a legal professional to ensure your rights are protected. The federal felon in possession of a firearm lawyers at The Law Offices of Jonathan F. Marshall have the expertise and experience to help you through the complexities of federal criminal law. Don’t leave your future to chance; get the representation you deserve. Contact us at (877) 534-7338 or online to discuss your case and potential defenses. Our team is here to help.
The right to bear arms is a deeply entrenched value in American society. However, certain individuals, due to past actions or current status, are prohibited from possessing firearms under federal law. The primary objective of these regulations is to ensure the safety of the community and prevent potential misuse of firearms. One specific federal law, 18 U.S.C. Section 922(g)(1), deals with the prohibition of firearms possession by felons. Let’s delve into the details of this statute and its broader implications within the context of federal criminal law in New Jersey.
Convicted Felons And Firearm Possession
It is a violation of federal law under 18 U.S.C. Section 922(g)(1) for any person who has been previously convicted of a crime, where the punishment for such crime is imprisonment for more than one year, to possess, ship, or receive any firearm or ammunition. This prohibition extends to any activities that involve interstate or foreign commerce related to firearms or ammunition.
Additional Categories Of Prohibited Persons
Beyond those convicted of felonies, the statute delineates other categories of individuals prohibited from possessing firearms:
Fugitives
Individuals who are fugitives from justice.
Controlled Substance Users
Persons unlawfully using or addicted to any controlled substance, as defined in the Controlled Substances Act.
Mental Health Adjudications
Individuals adjudicated as mentally defective or committed to a mental institution.
Certain Aliens
Aliens unlawfully in the U.S. or nonimmigrant visa holders, with specific exceptions.
Dishonorable Discharge
Individuals discharged from the Armed Forces under dishonorable conditions.
Renounced Citizenship
Persons who have renounced their U.S. citizenship.
Restraining Orders
Those subject to certain restraining orders involving intimate partners or their children, which may include prohibitions on physical force or credible threats to safety.
Domestic Violence Convictions
Individuals convicted of misdemeanor crimes of domestic violence.
The above list, while exhaustive, is a snapshot of the broader prohibitions outlined in the statute. The purpose behind these regulations is clear: to keep firearms out of the hands of those deemed a potential risk to themselves or others.
Employment-Related Prohibitions
Any individual, who in the course of employment, possesses, receives, or transports any firearm or ammunition that affects interstate or foreign commerce, also violates the law.
Defenses To Felon In Possession Of A Firearm
Actual Knowledge Of Felon Status
One defense that can be raised against a charge under 18 U.S.C. Section 922(g)(1) is that the accused did not have actual knowledge of their felon status. The statute specifically targets those who knowingly violate its provisions. If a defendant can demonstrate that they were genuinely unaware of their felony conviction or its implications concerning firearm possession, this might serve as a valid defense.
Interstate Commerce Requirement
18 U.S.C. Section 922(g)(1) prohibits felons from shipping, transporting, possessing, or receiving firearms in or affecting interstate or foreign commerce. A potential defense could be challenging the connection to interstate or foreign commerce.
Restoration Of Rights
In some jurisdictions, felons can have their civil rights restored after serving their sentences. If a defendant’s rights, including the right to bear arms, have been legally restored in the jurisdiction of their conviction, this could serve as a defense against a charge under 18 U.S.C. Section 922(g)(1).
Mistaken Identity Or Ownership
A simple but valid defense could be based on mistaken identity or a mistake regarding the ownership of the firearm. If a defendant can prove that they were not in possession of the firearm or that the firearm belonged to another individual, they could refute the charges.
Lack Of Intent To Possess
If a defendant can demonstrate that they did not have the intent to possess the firearm, such as in cases where the firearm was placed in their belongings without their knowledge or consent, this might negate the necessary intent for conviction under the statute.
Exigent Circumstances
In rare cases, a defendant might be able to argue that they possessed the firearm due to exigent or emergency circumstances, where possession was temporary and solely for the purpose of protecting oneself or others from immediate harm.
Frequently Asked Questions About Felon In Possession Of A Firearm
Who Is Prohibited From Possessing A Firearm?
Anyone who has been convicted of a crime punishable by imprisonment for more than one year is prohibited from possessing, shipping, or receiving firearms or ammunition under this statute.
Does The Statute Only Apply To Felons?
No, while some of 18 U.S.C. Section 922(g)(1) concerns felons, the broader statute also covers other categories of individuals, such as fugitives from justice, certain controlled substance users, and individuals with specific restraining orders, among others.
What Does “In Or Affecting Commerce” Mean In The Context Of This Law?
The term refers to firearms or ammunition that have been involved in interstate or foreign trade. For a charge under 18 U.S.C. Section 922(g)(1) to be valid, there must be some connection between the firearm or ammunition and interstate or foreign commerce.
If My Felony Conviction Is Several Years Old, Am I Still Prohibited From Possessing A Firearm?
Yes, the statute does not provide a time limit. Once you have a felony conviction, unless your rights have been legally restored, you are prohibited from possessing firearms under this law.
Can I Possess A Firearm If My Civil Rights Have Been Restored After A Felony Conviction?
If your rights have been legally restored in the jurisdiction of your conviction, you may not be subject to the prohibitions of 18 U.S.C. Section 922(g)(1).
Felon In Possession Of A Firearm Attorney
If you or a loved one are facing charges related to being a felon in possession of a firearm under 18 U.S.C. Section 922(g)(1), it’s critical to secure professional legal representation immediately. The federal criminal defense lawyers at The Law Offices of Jonathan F. Marshall have the experience and knowledge to navigate the complexities of federal law. Don’t leave your future to chance. Contact federal gun charge lawyers at The Law Offices of Jonathan F. Marshall today at (877) 534-7338 or online. Our team is ready to provide the defense you need.
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