Federal Law and Possession of a Firearm by a Felon or Prohibited Person
Serving Portland, Bangor, Augusta, Biddeford and Saco Areas
Federal law prohibits felons and people who have been classified as a prohibited person from ever possessing a firearm or ammunition. The resulting charges and penalties are draconian. A prohibited person is defined by federal law as follows:
- A convicted felon
- A fugitive from justice
- A drug addict
- A person who has been previously committed to a mental institution
- An illegal alien
- A person dishonorably discharged from the military
- A person subject to Protection from Abuse order where a formal finding of abuse was made
- A person convicted of the crime of Domestic Violence, whether it was a misdemeanor or felony
If found in possession of a firearm, depending on your criminal history, you'll be faced with felony level penalties that include a maximum term of imprisonment of 10 years. However, if you have 3 or more convictions of crimes of violence, the mandatory minimum term of imprisonment would include no less than 15 years of prison, without parole. According to 18 U.S.C. sect. 922(g), crimes of violence include the following:
- Possession of Dangerous Weapons
- Drug Trafficking
While there is a state charge equivalent to the federal firearms prohibition, in my experience, the US Attorney's Office in Portland and Bangor Maine, will normally claim federal jurisdiction over the crime and charge the person federally. When a person has a criminal history, prison time is an absolute certainty if convicted. That's why it's so important to retain an attorney who is qualified to handle federal criminal cases.
If you've been charged with a federal firearms offense, call the Law Office of William T. Bly. We'll provide you with a free consultation and develop a solid defense strategy. Call us today at (207) 571-8146 for a solution to your criminal legal problems.