Possession of firearm or gun by convicted felon

Under 18 USC 922, it is federal crime for a felon to possess a gun or firearm. One exception is in Florida, if you receive a withhold of adjudication after pleading no contest, you are technically not a convicted felon. However, in Florida, if you plead guilty and get a withhold of adjudication, you are for Federal purposes, a convicted felon. If the State board of pardons and paroles where you were convicted restores all of your civil rights (including your right to carry a gun) you are no longer a convicted felon. Then, you could not be convicted of possession of a firearm by a convicted felon. You should get your civil rights restored by the feds if convicted of a federal offense.

 

Entrapment Defense to possession of firearm by convicted felon

Another defense to possession of a firearm by a convicted felon is entrapment by estoppel. Generally, this is when a government official tells you it is ok to possess a gun and you believe that person. However, entrapment by estoppel does not apply if one government gives you the wrong advice and another government prosecutes you. For instance, if a State court judge says you are not a convicted felon, the Feds could still prosecute you if you are a convicted felon.

 

Use or Carrying a Firearm with Violence or Drug Offenses

18 USC 924(c) makes it a crime to use or carry a gun in relation to any crime involving violence or drug trafficking. Just hiding a gun nearby, generally, is not enough to convict under the "use" of a firearm. For "carrying" a gun found in a home near to drugs found doesnt amount to "carrying" a firearm under 924 (c). The sentence imposed must be served consecutively or after any other sentence. There are mandatory minimum sentences under this section. For instance, if the firearm was brandished, 7 years, discharged, 10 years, short-barreled rifle or short barreled shotgun, 10 years, machine gun 30 years. Also, there are other sentencing enhancements like the Armed Career Criminal Act, where the defendant has 3 or more prior convictions for violent felonies or serious drug offenses.

 

Whether you are charged with possession of a firearm by a convicted felon, using a gun, carrying a firearm or gun while committing a drug crime or crime of violence, I can help.

 

Grey
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2FEDLAW.COM has its principal office at 1610 Southern Boulevard in West Palm Beach, Florida, Grey Tesh represents clients charged with serious federal criminal offenses before Federal Criminal Courts in Miami, Fort Lauderdale, West Palm Beach, Stuart, Martin County, Port St. Lucie, Vero Beach, Jacksonville, Tampa, Orlando, Tallahassee, and all federal criminal courts throughout the United States of America.

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