Felon in Possession of a Firearm in Alabama

Felon in Possession of a Firearm in Alabama

The State of Alabama has relatively relaxed gun laws compared to many other states. That being said, there are still certain individuals who are prohibited from possessing firearms under the law. One circumstance that can disqualify you from gun possession is a felony criminal conviction. 

Many people possess firearms despite having certain felony convictions on their criminal records. This is not a wise choice, however, as getting caught by the authorities can result in an arrest and the issuance of charges of unlawful possession of a firearm. If this happens, your first call should be to a Montgomery criminal defense lawyer who handles firearm possession offenses.  

Possible Penalties for Felon in Possession of a Firearm Convictions

Federal law prohibits firearm possession for people convicted of crimes that carry a penalty of one year in jail or longer, which includes all felony offenses in Alabama. Alabama state law prohibits pistol possession by anyone convicted of a violent felony. This means that not every felony offense will disqualify you from possessing a firearm under state law (though you would still be prohibited under federal law).

Whether you are charged in state or federal court, it is important to avoid a conviction whenever possible. This is because a conviction can mean costly fines and up to five years in state prison or up to ten years in federal prison for a first offense.  

There May Be Defenses Available

As a person accused of a crime, it’s important to remember that just because the police accused you of something does not mean that you will be found guilty. In some cases, there may be defenses available to you that can result in a court throwing your case out. Some of the more common defenses that may be available in a felon in possession of a firearm case:

• 4th Amendment violations - If the police violated your 4th Amendment rights when they discovered the firearm, you may be able to have the case against you dismissed or dropped
• Self-defense or defense of others - In cases where you obtained possession of a firearm to defend yourself or others from imminent harm, it may be possible to raise self-defense as a defense to the allegations against you
• Justification - Sometimes, you may be able to argue that your unlawful possession of a firearm was justified to prevent further harm.
• You didn’t actually possess the firearm within the meaning of the statute - In some cases, what the police consider “possession” is not actually possession within the meaning of the law.

Sometimes, the best thing you can do is to work out a plea agreement with the prosecutor handling your case. A defense attorney who regularly represents people accused of crimes will be able to let you know whether a plea agreement is a good idea in your case and, if it is and you want to pursue that route, negotiate one with the prosecutor.

Talk to a Montgomery Firearm Offenses Defense Lawyer Right Away

If the police have accused you of unlawfully possessing a firearm, you should speak to an experienced lawyer as soon as you can. At Luck Law, LLC, we work hard to protect our clients’ rights and will do everything we can to ensure that your case is resolved as quickly and favorably as possible. Contact us online or call 334-262-5455 today to schedule a consultation with an attorney.

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