Firearm by Felon Lawyer

When it comes to dealing with a Firearm by Felon Case – it’s important to note that there’s a North Carolina charge for being a convicted felon in possession of a firearm and then a federal charge. This page is devoted to the federal charge of felon in possession of a firearm, but if you’d like to learn more about North Carolina Firearm by Felon charges we encourage you to go to this page: How a Greensboro Lawyer can Win My Firearm by Felon Charge

When it comes to Federal Firearm Charges, the primary charge we encounter is Felon in Possession for a Firearm.  The Federal Government has barred a number of different classes of people from Possessing Firearms which include:

• Convicted Felons [or those indicted for Felony charge(s)]
• People Addicted to Illegal Drugs
• People with Mental Impairments
• Illegal Immigrants
• Anyone who has been Dishonorably Discharged from the Military
• People Court Ordered Not To Possess Firearms (50B’s, etc)

Whether or not a person is a Convicted Felon at one point became a contentious issue, when the courts adopted the reasoning that a Felony for Federal purposes is any Felony the Defendant could be sentenced to a term greater than one year. In North Carolina, prior to the Justice Reinvestment Act (Dec. 2011), a number of low level felonies in State Court were not capable of being punished to a sentence greater than one year, and therefore, the State Felony Conviction did not make them a Felon for purposes of Felon in Possession of a Firearm charges. A number of Felon in Possession of a Firearm charges were dismissed, and those who had previously been convicted were brought back to court to have their sentence undone, because of the Felon for Federal Court purposes issue. However, the Justice Reinvestment Act changed the law and now all North Carolina state level felony charges are sentenced to a term greater than one year.

Felon in Possession of a Firearm Charges Status

When it comes to Felon in Possession of a Firearm Charges, this status can be achieved without the Firearm even being on the Felons person. The Federal Government merely looks at the Intent and Ability to Control the Firearm. If the Government can prove you had the Intent and Ability to Control the Firearm, regardless of whether or not you actually did so, this can be enough in Federal Court for a Conviction of Felon in Possession of a Firearm charges. And bear in mind that the Federal Government does not need to show or prove that the firearm was working or capable of being fired for a conviction of Felon in Possession of a Firearm.

The Federal Government has created an entire area of practice devoted strictly to Federal Firearm Offenses. Federal law makes it illegal for a person to import, produce, or conduct transactions in firearms across states lines, unless that person possesses a license to import, produce, or deal in firearms.

The Federal Government also makes it illegal to straw purchase firearms. A straw purchase can be something as simple as one person purchasing a firearm in your name, when really your purchasing the gun for someone else to possess. The Straw Purchase of Firearms makes it illegal to use any false identification or make statements which would deceive the Firearm Dealer about the transaction or the future owner of the firearm.

Federal Firearm Law Features

There is another area of Federal Firearm Law which involves the Serial Numbers on the Firearm. If someone knowingly delivers, transports or accepts a firearm with the serial number altered, removed or destroyed, this violates Federal Law and you can be charged for it.

The Defenses to Federal Firearm cases being with the elements of the crime alleged. Felon in Possession of a Firearm, has briefly been discussed above, but the crux of the issue is whether the charged individual is a convicted felon for Federal Court purposes and whether they knowingly possessed the firearm. Another key factor is the Federal Government is only able to become involved in a Federal Firearm case if the Firearm was in or affecting interstate commerce. Meaning that if the gun was manufactured in North Carolina, and the Felon in Possession was located in North Carolina when caught with the Firearm, the government would need to prove that the firearm crossed state lines (interstate) for the government to be able to prosecute the case.

The other areas of defense include violations of 4th Amendment Rights to be free from Unreasonable Searches and Seizures. Areas that we address include whether or not the law enforcement agent has a Reasonable Suspicion to Stop the Defendant, whether or not they had Probable Cause to Search the Defendant, the Vehicle, a Residence, etc, and whether valid consent was given for the search. If the Law Enforcement Agency violated the rights of the Defendant then we would attack the case with a Suppression Motion in an attempt to keep out certain aspects of the case. It is important to note that if you Suppress one part of a case, Fruit of the Poisonous Tree Doctrine, may allow us to keep out everything that happened thereafter because if the Stop was Improper then they never would have been able to search our client.

Our Greensboro Federal Criminal Defense Lawyers are here for you and your Federal Firearm Charges. We work hard to assist you with every aspect of your case. We completely understand the toll this has on the person charged, as well as family and friends, and we do our very best to support anyone and everyone who is involved with the case. Our attorney in Greensboro is here for you, contact us today.

Defending Against Firearm Possession Charges for Felons in Greensboro, NC

If you’re facing charges for firearm possession as a felon in Greensboro, North Carolina, you need experienced legal representation to protect your rights and defend your case. At Garrett, Walker, Aycoth & Olson, Attorneys at Law, our skilled criminal defense attorneys have a proven track record of success in handling firearm-related cases and are prepared to fight for you.

Understanding Firearm Possession Laws in North Carolina

In North Carolina, it is illegal for individuals convicted of felonies to possess firearms. Being charged with possession of a firearm by a felon is a serious offense that can result in harsh penalties, including significant fines and lengthy prison sentences. However, there are often nuances and complexities to these cases that can be leveraged in your defense.

Strategic Defense Strategies

Our attorneys will conduct a thorough investigation into the circumstances surrounding your arrest and the alleged firearm possession. We’ll work diligently to uncover any weaknesses in the prosecution’s case and develop a strategic defense strategy tailored to your specific situation. Whether challenging the legality of the search and seizure or disputing the evidence against you, we will leave no stone unturned in fighting for your rights.

Advocating for Your Rights and Freedom

At Garrett, Walker, Aycoth & Olson, Attorneys at Law, we understand the gravity of firearm possession charges for felons and the potential consequences you face. That’s why we are committed to providing you with compassionate guidance, aggressive advocacy, and unwavering support throughout the legal process. Our goal is to achieve the best possible outcome for your case, whether through negotiation, plea bargaining, or trial representation.

Schedule a Consultation Today

Don’t face firearm possession charges alone. If you’ve been charged with possession of a firearm by a felon in Greensboro, NC, contact Garrett, Walker, Aycoth & Olson, Attorneys at Law, today to schedule a consultation. Let us put our experience and expertise to work for you and fight to protect your rights and your future.

Frequently Asked Questions (FAQs) about Firearm Possession by Felons in Greensboro, NC

Q: What is considered firearm possession by a felon in Greensboro, NC?

A: In Greensboro, North Carolina, firearm possession by a felon occurs when an individual who has been convicted of a felony is found to be in possession of a firearm. This is a serious criminal offense with potentially severe penalties.

Q: What are the penalties for firearm possession by a felon in North Carolina?

A: Penalties for firearm possession by a felon in North Carolina can include significant fines, probation, and imprisonment. The severity of the penalties may vary depending on factors such as the nature of the felony conviction and the circumstances of the firearm possession.

Q: Can I own or possess a firearm if I have a felony conviction in North Carolina?

A: Generally, individuals with felony convictions are prohibited from owning or possessing firearms in North Carolina. However, there may be certain exceptions or opportunities to restore firearm rights through legal processes such as restoration of civil rights or expungement.

Q: What are some defenses against firearm possession charges for felons in Greensboro, NC?

A: Defenses against firearm possession charges for felons may include challenging the legality of the search and seizure that led to the discovery of the firearm, disputing the accuracy or reliability of the evidence, or asserting constitutional or procedural violations in the prosecution’s case.

Q: Should I hire a criminal defense attorney if I’m facing firearm possession charges as a felon?

A: Yes, it’s highly advisable to seek legal representation from an experienced criminal defense attorney if you’re facing firearm possession charges as a felon in Greensboro, NC. An attorney can assess your case, protect your rights, and provide strategic defense to pursue the best possible outcome.

Q: How can Garrett, Walker, Aycoth & Olson, Attorneys at Law, help with firearm possession charges for felons?

A: Our experienced criminal defense attorneys have a deep understanding of firearm possession laws in North Carolina and a track record of success in defending clients facing similar charges. We will work diligently to protect your rights, explore all available legal options, and advocate for the most favorable resolution of your case.

Q: What should I do if I’ve been charged with firearm possession as a felon?

A: If you’ve been charged with firearm possession as a felon in Greensboro, NC, it’s crucial to seek legal advice and representation as soon as possible. Contact Garrett, Walker, Aycoth & Olson, Attorneys at Law, to schedule a consultation and discuss your case with our experienced attorneys.

Q: How long does it take to resolve firearm possession charges for felons in North Carolina?

A: The timeline for resolving firearm possession charges for felons in North Carolina can vary depending on factors such as the complexity of the case, the court’s schedule, and the legal strategies employed. Our attorneys will work diligently to resolve your case as efficiently as possible while ensuring the best possible outcome.