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 one year and one day to ten years in jail and criminal fines of up to $15,000. The State of Alabama prohibits firearm possession by anyone convicted of a violent offense, anyone convicted of any felony within the previous five years, and anyone with three or more felony convictions.
Alabama also makes it a crime to have a firearm after being charged with a violent or domestic violence offense and released before trial.
Under federal law, any individual convicted of a crime that carries a possible sentence of more than one year is prohibited from owning or possessing any firearm. If an individual is charged with a federal felony for possessing a firearm, they may face up to fifteen 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. State and federal rules work together here. If Alabama fully restores a person’s rights, including the right to own a firearm, that can lift the federal ban for that conviction. If only some rights are restored, the federal ban can still apply.
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.
Definitions: Alabama and federal law do not define “firearm” the same way. Federal law does not count antique guns made in or before 1898, so its ban does not reach them. Alabama’s law is broader and has no such exception. A felon here can be charged for an antique gun that federal law would allow. An attorney can explain how each law treats a specific weapon.
A defendant with three or more past convictions for violent felonies or serious drug crimes can face a mandatory minimum of fifteen years under a federal law called the Armed Career Criminal Act. Most federal possession cases do not carry a mandatory minimum. 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.
State Variations: Gun rules for felons differ by state, both in penalties and in how rights are restored. Georgia bars all felons, and a forcible felony brings at least five years in prison for a gun violation. Florida also bars all felons and makes a person wait eight years after finishing their sentence before asking for gun rights back. If your conviction was in another state, that state’s rules apply.
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.
Risks/Penalties: Constructive possession is punished the same as holding a gun yourself. It is a Class C felony, with one year and one day to ten years in prison and fines up to $15,000. You do not have to own or touch the gun. Being near it and able to control it, like a gun in a car you are driving, can be enough.
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:
- Obtaining a pardon from the Alabama Board of Pardons and Paroles that restores firearm rights
- Having the criminal conviction overturned
- An expungement of the record, which for a felony is only available after a pardon
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.
Additional Considerations
Process/Steps: The main way to restore gun rights is a pardon from the Alabama Board of Pardons and Paroles. The pardon must say it restores firearm rights, because the Board often gives back voting rights but not gun rights. After a pardon, a person may also ask the circuit court to expunge the record. By itself, an expungement does not restore gun rights.
Timelines: Most of the wait comes from the pardon. To apply, a person must finish their sentence or serve at least three years on parole. The Board gives no set timeline, so review can take many months. If it says no, a person usually waits two years to try again.
Costs/Fees: The state filing fee to expunge a record is $500, though the court may waive it for those who cannot afford it. Attorney fees are separate and depend on the work involved. Applying for a pardon has its own steps and costs. Ask an attorney for an estimate.
Evidence/Documents: A person usually needs certified copies of the court file for the conviction and proof that the full sentence was finished. A certified copy of your criminal history from the Alabama Law Enforcement Agency is also required. For a pardon, the Board reviews references and other proof of good conduct.
The Importance of Hiring a Lawyer: Restoring gun rights alone is risky. The steps must be done in the right order, and small mistakes can cause delays or a denial. The pardon also has to use the right words to give back firearm rights. A lawyer who knows this area can lower the chance of a costly error.
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 quickly locate an attorney in your area 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.
