If you are facing charges for felon in possesion of a firearm, schedule a free initial consultation with our defense attorneys by calling today. Our attorneys have decades of legal experience and will fight to defend your rights and your freedom.
As an adult in North Carolina, you generally have the right to purchase, own, possess, and use a firearm. Whether you own a rifle for hunting or a handgun for safety, you are typically allowed to keep your firearm in your home or stored properly in your vehicle.
Gun laws in North Carolina limit who can own guns, where you can take guns, and how you can possess them. A significant restriction on gun ownership is in regard to convicted felons. It is illegal to be a felon in possession of a firearm, and if you are caught as a felon in possession, you face another felony offense.
You also can reach us through our online contact form to request a free consultation regarding your case and other weapons charges in NC. The law states it is illegal for anyone who has been convicted of a felony to buy, own, possess, or have in their control any firearm or any weapon that could cause mass death or destruction. A firearm includes any weapon, including a starter gun, that is designed to expel a projectile by the action of an explosive, as well as any firearm muffler or silencer.
This is not the case for individuals who have been convicted of a felony offense. A convicted felon is not considered to have the same rights as other citizens, and is limited in his or her ability to possess a firearm. With this being the case, there have been many situations where a convicted felon has unwittingly broken laws because they do not have a strong comprehension of Ohio firearm policies.
An illegal possession of a firearm can come with severe penalties that can make the difficult situation of being a previously convicted felon even worse. Under 18 U. Pursuant to 18 U. Florida is one of several states that authorizes a form of deferred judgment called withholding adjudication of guilt.
Under Florida law, a person who receives a withhold of adjudication of guilt is not considered to be a convicted felon. Under the United States Sentencing Guidelines , a person convicted of Felon in Possession of a Firearm would be assigned a base offense level between , which carries a guideline range of months in prison before taking into account any mitigating or aggravating circumstances.
As of , the average federal sentence imposed for Felon in Possession of a Firearm fell between months in prison. The initial consultation is free and I am always available to advise you on the proper course of action that can be taken. Possession: Actual versus Constructive An important issue in determining the ultimate sentence for the crime of Possession of a Firearm by a Convicted Felon is whether the person actually possessed the firearm or constructively possessed the firearm; as Actual Possession of a Firearm by a Convicted Felon carries a three-year minimum-mandatory prison sentence.
Actual Possession Actual possession occurs if the firearm is: In the hand of or on the person; or In a container in the hand of or on the person; or So close as to be within ready reach and is under the control of the person.
Constructive Possession Constructive possession occurs if the firearm is in a place over which the accused person has control, or in which the accused person has concealed it.
0コメント