Felon in Possession of a Firearm in Alabama

If a felon is caught with a firearm in Alabama, they may face serious legal consequences, including:

• Jail times
• Criminal fines
• Additional felony charges

Under Alabama state law, illegal possession of a firearm is a Class C felony that is punishable by between one to ten years in jail and criminal fines of up to $15,000. The State of Alabama prohibits firearm possession by any individual who has been convicted of a violent felony.

Under federal laws, any individual who was convicted of a criminal offense that carries a possible sentence of more than one year from possessing or owning any type of firearm. If an individual is charged with a federal felony for possessing a firearm, they may face up to ten years in prison and a $250,000 criminal fine.

It is very important for those who are convicted of a felony to know that federal laws prohibit felons from owning a firearm. Federal laws override state laws, which means that, even when someone’s rights are restored at the state level, they can still be prohibited from owning firearms at the federal level.

Losing the right to own a firearm is imposed on felons because it will theoretically prevent them from committing similar offenses in the future. In addition, facing the loss of some civil rights can also deter other individuals from committing similar types of crimes.

State laws and federal laws may also have different definitions of firearms. If a felon is found with a firearm, they may face felony charges in addition to mandatory minimum sentences. The sentence imposed will depend on the facts of the case, the individual’s criminal history, and whether a firearm was used in the commission of the offense.

When a defendant faces federal charges, they can face a mandatory minimum sentence of fifteen years of incarceration as well as be ordered to pay substantial criminal fines. There are many factors influencing the punishment that will be imposed on a convicted felon for possessing a firearm, which may include:

• If the firearm was a high capacity weapon
• Whether the offense was a violent offense
• The number of firearms involved
• The type of firearm involved
• Whether or not the firearm was loaded
• If the defendant has prior convictions

To find out more information on applicable Alabama laws and how they interact with federal law, an individual should consult with a local Alabama attorney. It is necessary to have an attorney when an individual faces gun charges because an attorney may be able to ask for a reduction in the charges or even have those charges dismissed, depending on the facts of the case.

What Is the Minimum Sentence for Felon in Possession of a Firearm?

In the State of Alabama, the minimum sentence for being a felon in possession of a firearm for a Class C felony is one year and one day in jail. The maximum sentence an individual may face is ten years in jail and criminal fines of up to $15,000.

Examples of factors that may be considered, in addition to those listed above, include:

• The amount of drugs in a drug trafficking case
• Whether the offense was motivated by the national origin, ethnicity, religion, or other characteristics of the victim

When a defendant is also charged under federal law, they may face harsher penalties. It is important for an individual who is facing gun charges to have legal representation.

A lawyer can demonstrate to a court why a defendant possessed a firearm, where the firearm came from, as well as possibly challenge the search that located the firearm. When facing felon in possession charges in Alabama, it is important to consult with an attorney.

Can a Felon Be Around a Person With a Gun?

In the majority of cases, a felon will be allowed to be around people who have firearms. It is important to be aware that there can be issues if the gun is close to the felon or when the felon resides with another person who owns a firearm.

Felons should be aware that they may also be charged with constructive possession of a firearm if they are in an area where they are able to exercise or maintain control over that firearm. An individual may be found guilty of constructive possession even when they did not actually touch the firearm. This can happen, for example, if they borrow another person’s vehicle and there is a firearm inside.

Additionally, distinguishing between whether the felon possessed the firearm or owned the firearm may impact their criminal liability. If a felon possesses a firearm, that is usually a felony offense on its own.

What Weapons Can a Felon Own To Protect Themselves?

Even though a felon is not allowed to own a firearm, they may be able to have other weapons that can be used to protect themselves. Felony convictions do not take away the individual’s right to protect themselves.

A felon may be able to own other weapons for their protection, such as:

• Pellet guns
• Crossbows or bows and arrows
• Knives with blades under a specified length

Convicted felons need to follow restrictions on any of the weapons they are allowed to possess. A convicted felon has to follow any restrictions on the weapons they can possess.

Felons in the State of Alabama are not permitted to possess or own any type of firearm, including an antique firearm.

Can a Felon’s Gun Rights Be Restored?

In Alabama, a felon’s gun rights may be restored in certain situations, such as:

• An Alabama expungement or record sealing
• Having a criminal conviction overturned
• Obtaining a pardon from the Alabama Board of Pardons and Paroles

An Alabama lawyer can petition on a felon’s behalf to have their gun rights restored. It is also important to be aware that, even when rights are restored at the Alabama state level, they may not be allowed to own firearms under federal law.

Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?

If you are a felon in Alabama who was convicted of a felony and has questions about felon in possession of a firearm issues, it is important to reach out to an Alabama criminal lawyer. Your lawyer will be able to give you advice on different issues, including borrowing vehicles, living with people who own firearms, and your rights and responsibilities.

If you are considering living with or allowing a convicted felon to borrow your vehicle and you own firearms, it can also be helpful to consult with an attorney for information on how that can be done while protecting both you and the other party. There can be nuances in the law, such as constructive possession, that many people are not aware of that may cause them major legal issues.

You can easily use LegalMatch to locate an attorney in your area in as little as 15 minutes using the no cost attorney matching services. Once you choose a lawyer, they can provide different services, such as giving legal advice and petitioning to restore your civil rights if you are eligible.

After you have submitted your online question or concern on the LegalMatch website, you will get answers from Alabama lawyers who are licensed and pre-screened. These responses will include information about their fees and background as well as client reviews.