Warning
Info
Warning
Info
Simple English definitions for legal terms
felon in possession
Read a random definition: invocation
A quick definition of felon in possession:
Felon in possession: A law that says people who have been convicted of a serious crime cannot have a gun. This law applies if the gun was transported across state lines or affected commerce in some way. To be guilty of this crime, the person must have known they had the gun and must have been convicted of a crime before. The government doesn't have to prove that the person actually had the gun, just that they had control over it. For example, if the gun was found in their house or car.
A more thorough explanation:
Felon in possession is a federal crime that makes it illegal for someone who has been convicted of a felony to possess a firearm. This law is found in Title 18, Section 922(g) of the U.S. Code.
To be charged with felon in possession, three things must be proven:
- The person knowingly possessed a firearm or ammunition
- The person has a previous felony conviction
- The firearm traveled in or affected interstate commerce
It's important to note that the government doesn't have to prove that the person actually had the firearm on them. They can prove "constructive possession," which means that the person had control over the firearm or knew about it.
For example, in the case of U.S. v. Davis, the defendant was found guilty of felon in possession because the government proved that he was the head of the household where the firearm was found, that the firearm was found in a Crown Royal bag (which the defendant had a separate bag tied to his pants), and that jail calls showed the defendant encouraged his son to lie about the firearm being his to the jury.
Another example could be if a person who has been convicted of a felony is found to have a firearm in their car during a traffic stop. Even if the firearm isn't on their person, they could still be charged with felon in possession because they had control over the firearm.