Possession of a Firearm by a Convicted Felon

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US-JURY-11THCIR-O34-6-CR
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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Possession of a Firearm by a Convicted Felon is a criminal offense in the United States which occurs when a person who has been convicted of a felony is found to be in possession of a firearm. This is a serious crime that is punishable by fines and imprisonment. There are two different types of possession of a firearm by a convicted felon: actual possession and constructive possession. Actual possession of a firearm by a convicted felon occurs when a person has actual, physical possession of the firearm. Constructive possession occurs when a person has the power and the intention to take control of the firearm, even if they do not have physical possession of it. In either case, a person who has been convicted of a felony and is found to be in possession of a firearm can be punished by fines and imprisonment.

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FAQ

§ 922(g)(4) ? Persons Adjudicated as a Mental Defective or Committed to a Mental Institution. Any person who has been "adjudicated as a mental defective" or "committed to a mental institution" is prohibited under Federal law from shipping, transporting, receiving, or possessing any firearm or ammunition.

POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON: 18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment.

A felon charged with possession of a firearm may face a prison sentence of up to 25 years, depending on the felony class. As with other crimes, the more prior felony convictions a person has, the longer the prison sentence prosecutors will seek.

Under federal law, the maximum sentence for a felon in possession of a firearm is 10 years, but may be increased to a 15-year mandatory minimum sentence if the felon has three or more convictions for certain drug trafficking crimes and/or violent offenses.

§ 922(G) Felon in possession of a firearm is a serious criminal offense in the United States. Under 18 U.S.C. § 922(g), it is unlawful for a person convicted of a felony to ship, transport, receive, or possess a firearm or ammunition.

Possession of a Firearm as a Felon Under Iowa Law is guilty of a Class D felony. A Class D felony in Iowa is punishable by up to five years in prison and a fine of $750 to $7,500.

Violent federal gun charges include illegal firearm possession, unlawful possession by a felon, and a felon in possession of a firearm. Convicted felons are charged under federal criminal law. Non-violent federal gun charges include the unlawful sale of a firearm, unlawful transfer, and straw purchase.

Title 18, United States Code, Section 922(g) makes it unlawful for certain classes of individuals to ship, transport, possess or receive any firearm or ammunition with the required interstate commerce nexus.

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Possession of a Firearm by a Convicted Felon