If you have been charged with possession of a firearm by convicted felon, you are facing a class G felony with a maximum punishment of up to 47 months. These cases can sometimes be charged federally as well, so it is important to have an experienced Greensboro lawyer to help you understand what your defenses are. Scroll further down to see some potential defenses that are common in these cases. Click here or on the picture to see the North Carolina pattern jury instructions. These instruction are what the jury will see if you are on trial for a case like this. We have also provided part of the statute that covers possession of a firearm by a convicted felon here:
§ 14-415.1. Possession of firearms, etc., by felon prohibited. (a) It shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction as defined in G.S. 14-288.8(c). For the purposes of this section, a firearm is (i) any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any firearm muffler or firearm silencer. This section does not apply to an antique firearm, as defined in G.S. 14-409.11. Every person violating the provisions of this section shall be punished as a Class G felon.
What are my defenses to possession of a firearm by a felon?
If you have been charged with possession of firearm by felon, there are typically four categories of defense, but this list is not exhaustive. Your case may have a different defense that is not listed in one of the four largest categories:
You were not in possession of the firearm.
The firearm isn’t actually a firearm.
You are not a felon.
The firearm is inadmissible in court because it was obtained after an illegal search or seizure.
You were not in possession of a firearm
As in most cases, you always have the defense that you simply aren’t guilty because you didn’t do the alleged crime. It may be because they arrested the wrong person, but it may also be because you were never actually in possession of a firearm. A common scenario where this defense arises is when you are stopped in a vehicle and the police find a gun in the car. The police might charge you with being in possession of that gun, but that doesn’t mean you are. You have to have actual knowledge of the gun’s presence and have the intent to control its disposition or use. Just because you know that your friend has a gun in the car, doesn’t always mean that you are guilty of possessing it. Possession can be actual or constructive. If you want to learn more about this defense, click here to see the jury instructions on actual and constructive possession or check out our blog post on it.
The firearm isn’t actually a firearm
Only certain firearms count under this statute. There are exceptions for certain types of antique weapons and sometimes people are charged with this offense because the police believed they saw a real gun, but it was actually a toy gun or replica that was never located.
You are not a felon
Sometimes there is an error on your criminal history or an officer makes a mistake when they do a background check. We will make sure that if your past convictions do not actually qualify as a felonies under this statute, we will make sure to raise this as a defense.
The firearm is inadmissible
Just because a firearm was located doesn’t mean it is inadmissible in court against you. If the weapon was obtained by law enforcement after an illegal stop or search, the weapon might be kept out at trial under the exclusionary rule if a motion to suppress is granted. We will go over your 4th Amendment rights to be free from unreasonable searches and seizures and make sure that if your rights were violated, we will fight to protect you in court.
Related Weapons Offenses
Possession of Weapon of Mass Destruction
Robbery With a Dangerous Weapon
Carrying a Concealed Gun
Assault with a Deadly Weapon
Larceny of a Firearm
