When an individual has a felony conviction on their criminal record, it may result in them losing some of their rights, including the right to vote or the right to possess a firearm. The losses can be imposed on a defendant because they were convicted of a violent felony or a felony that involved a firearm.
By preventing future ownership, it would, in theory, prevent the individual from committing a repeat offense. Facing the loss of certain rights can also serve as a deterrent that keeps other people from committing felony offenses.
There may be differences in the federal and state felony sentencing guidelines. This may result in differences in the loss of specific privileges for felony convictions, including the loss of the right to own a firearm. There can also be variations in what is included in the definition of a firearm, such as a handgun versus a flare gun.
In the State of New York, if a felon is caught with a gun, they can face felony charges as well as a mandatory prison sentence. The sentence will depend on the facts of the offense, for example, the individual’s criminal history and the type of firearm.
In the State of Massachusetts, a felon who is caught with a firearm may face a mandatory minimum sentence of five years in prison in addition to the sentence imposed for the underlying felony conviction. If the firearm was a large capacity firearm, the minimum sentence will be ten years.
If an individual faces federal charges, there will be a federal minimum mandatory sentence of fifteen years. If convicted, a defendant can also be ordered to pay criminal fines.
There are several factors that can affect the punishment that is imposed on a felon in possession of a firearm, including:
- The number of firearms involved
- The type of firearm involved
- Whether or not the firearm was loaded
- If the firearm was a high capacity weapon
- Whether the offense was a violent offense
- If the defendant has prior convictions
Federal laws in the United States prohibit felons from possessing firearms at any time and in any place. For more information on the applicable laws for felons in Massachusetts, an individual should consult with a local Massachusetts attorney. If an individual is facing gun charges, their lawyer may also be able to have the charges reduced or dismissed, depending on the facts of the case.
What Is the Minimum Sentence for Felon in Possession of a Firearm?
In the State of Massachusetts, the minimum sentence for a felon in possession of a firearm, as noted above, is five years in state prison. However, if the firearm was a large capacity weapon, the minimum increases to ten years.
If a firearm was used in the commission of a felony, a minimum of five years will be added to the sentence for the original felony charge. The minimum sentence may also increase for individuals with prior criminal histories.
It is important to keep in mind that previous felony convictions may also result in an increase in the minimum sentence. The court may also consider the facts surrounding the offense when determining the defendant’s sentence.
If federal law enforcement agencies become involved in the case, the defendant may also face harsher penalties. In some cases, there may be additional sentencing options a court may impose, including probation.
A defendant’s lawyer will be able to advocate on their behalf and explain why the firearm was in their possession, where it came from, as well as challenging the search that located the firearm, if possible. If a defendant has any questions about the possible punishments they may face for being a felon in possession of a firearm in Massachusetts, they should consult with an attorney.
Can a Felon Be Around a Person With a Gun?
Generally, yes, felons can associate with or be around other individuals who own firearms. It is important to be aware, however, that this issue may become more complex if the actual firearm is near the felon or someone who lives with the felon owns a firearm.
This is because an individual who has been convicted of a felony can be found guilty of constructive possession of a firearm. This may occur when a firearm is present and the felon has the ability to gain or maintain control of the firearm.
A felon can also be found guilty of constructive possession without actually handling the firearm, such as when the firearm is in a vehicle. This is an issue that can arise when a felon borrowed a vehicle that they did not know contained a firearm or if they were in a vehicle when they knew it contained a firearm.
It may also be possible to distinguish between a felon who possessed a firearm and a felon who owned a firearm. This distinction can greatly impact the criminal liability of the felon.
Typically, when a felon is found to be in possession of a firearm, that is considered to be a felony offense by itself. When an individual is convicted of this offense, it may affect their future ability to own a firearm.
If an individual faces second or third charges, they will likely also face more severe punishments, for example, higher criminal fines and longer incarceration times.
What Weapons Can a Felon Own To Protect Themselves?
Although someone who has been convicted of a felony generally cannot own firearms, they can typically own other weapons that they can use to protect themselves as well as their homes. Even when an individual is a convicted felon, they still have the right to protect their home and themselves.
Examples of other types of weapons that a felon may be able to own for their protection include:
- Crossbows or bows and arrows
- Pellet guns
- Knives with blades under a specified length
It is important to be aware that a convicted felon will be required to adhere to any restrictions on the weapons they are allowed to own. Being allowed to own other types of weapons ensures that the felon will still be able to hunt as well.
These prohibitions on firearm ownership are not intended to prevent a felon from being able to hunt or to take away their ability to defend themselves but to deter them from committing similar offenses in the future. Neither federal laws nor Massachusetts state laws prohibit convicted felons from owning antique firearms, which include:
- Firearms manufactured before 1898, or replicas of those firearms
- Black powder rifles
- Black powder shotguns
- Muzzle-loading firearms
Felons in every state should be aware that federal laws prohibit them from having a firearm in their home. Federal laws override any state laws, including Massachusetts state laws. This means, even when a felon will not face charges under Massachusetts state laws, they may still be prosecuted under federal laws.
Can a Felon’s Gun Rights Be Restored?
In some situations, yes, a felon’s gun rights may be restored by different processes, which may include:
- A Massachusetts expungement or record sealing
- Having a criminal conviction overturned
- Applying for a pardon
- Petitioning the Firearms Licensing Review Board (FLRB)
It is important for an individual to reach out to a Massachusetts attorney to get more information on the potential processes they can use to restore their civil rights, including the right to own a firearm. Even if an individual’s gun rights are restored at the Massachusetts state level, however, they can still be prohibited from owning firearms under federal laws.
Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?
If you have any issues, questions, or concerns about being a felon in possession of a firearm in Massachusetts, it is important to consult with a Massachusetts criminal lawyer. You should get legal advice whether you yourself are a felon or if you are someone who is considering living with or letting a felon borrow your vehicle so you can avoid any legal issues or criminal charges.
In as little as 15 minutes, you can take advantage of LegalMatch’s free lawyer matching services to find a lawyer in your area who can answer your questions and address your concerns. Once you have submitted your issue on the website, in around 24 hours, you will get messages from lawyers who can help you.
