When someone is convicted of a felony, they can lose some of their rights, such as the right to possess firearms and the right to vote. These losses may come about for many reasons, including:
- The defendant was convicted of a violent felony, such as a felony involving a firearm
- Not allowing future ownership, in theory, helps prevent a repeat offense
- This prohibition can serve as a deterrent and keep other individuals from committing a felony offense.
Definitions: Generally, a firearm is defined as a weapon that expels a projectile by means of an explosive force, but the exact definition can be critical in legal contexts. Consulting New York statutes and consulting a New York lawyer is recommended for a precise definition.
It is important to be aware that there can be differences between state and federal felony sentencing guidelines as well as differences regarding the loss of privileges, such as losing the right to own a firearm. There may also be differences in the federal and state definitions of what is considered a firearm, such as a flare gun versus a handgun.
In the State of New York, if a person who has been convicted of a felony is caught with a firearm, they can face a new felony charge. If found guilty of being a felon in possession of a firearm, they would have to serve a mandatory prison sentence. The sentence depends on the facts of the offense, for example, the individual’s criminal history and the type of firearm.
Eligibility: A person who has been convicted of any felony criminal offense in New York is permanently forbidden to own a gun in that state. If found in possession of a firearm, they could be charged with a new felony criminal offense.
Process/Steps: The process in a case of a felon in possession of a firearm would generally involve arrest, arraignment, pre-trial hearings, potential plea negotiations, and either a trial or entry of a guilty plea. If the defendant is convicted, there would be a sentencing hearing. Each stage involves specific legal procedures and rights accorded to the defendant. It is always best to consult a New York criminal defense attorney about criminal procedures in that state.
Evidence/Documents: Evidence in a felon in possession case might include the firearm itself, forensic evidence linking the defendant to the firearm, such as fingerprints or DNA, witness testimony, and records of prior convictions. The prosecution must prove beyond a reasonable doubt that the defendant is a convicted felon and that they knowingly possessed the firearm.
The defense may present evidence to challenge these claims, such as alibi testimony or evidence that shows that the firearm belonged to someone else.
A felon in possession of a firearm in New York may face:
- A first-degree criminal possession charge: This is a Class B felony that carries a minimum prison sentence of 5 years as well as the possibility of up to 25 years in prison.
- Second-degree criminal possession charges: This is a Class C felony that carries a minimum prison sentence of 3.5 years.
- Third-degree criminal possession charges: This is a Class D felony that carries a minimum prison sentence of 2 years.
- Probation: If the individual gets probation, they may face up to 5 years.
- Criminal fines: The individual may face criminal fines up to $30,000.
Additional Considerations
There are factors that will be considered when determining the charges the individual may face, such as:
- Their criminal history
- The type of firearm used
Under federal laws, a felon is prohibited from possessing a firearm in any place and at any time. An individual can get assistance from a local New York attorney for help understanding the gun laws in New York.
Timelines: Statutes of limitations dictate the time frame within which legal proceedings must be initiated. There are statutes of limitations for criminal offenses as well as civil actions. The statute of limitations for the offense of felon in possession of a firearm requires the prosecution to start the prosecution of a defendant within a certain period of time after the offense was committed.
A person who has been charged would consult a New York criminal defense attorney for information regarding the statute of limitations for the offense of felon in possession of a firearm.
A defense lawyer can also help an individual fight gun charges against them. It may be possible to have those charges reduced or even dismissed, depending on the facts of the individual’s case.
Costs/Fees: A person convicted of the offense of felon in possession of a firearm can be sentenced to payment of a fine of up to $30,000. Of course, there are other possible costs to having to defend against this charge. In addition to possible payment of a fine, the defendant may incur expenses related to court fees, attorney’s fees, possibly expert witness fees, and other related costs.
The total financial burden is different in different cases depending on the unique facts of each situation. A person who has been charged would want to discuss costs and fees with a qualified attorney
What Is the Minimum Sentence for Felon in Possession of a Firearm?
In New York State, the minimum sentence for a felon in possession of a firearm will depend on the type of charge and the individual’s criminal history. The minimum sentences are the same as those noted above for third through first degree criminal possession.
There are several factors that can impact an individual’s sentence, such as:
- Whether the felon has any prior felony convictions, which may cause the sentence to increase
- If the felon has a prior violent felony conviction, the minimum sentence may increase
- The court may consider the circumstances of the offense when it determines the sentence
- The court may also consider the criminal history of the felon when determining their sentence
- When federal law enforcement becomes involved in the defendant’s case, they may face harsher penalties
Other options the court may have for sentencing include:
- A period of probation
- A conditional discharge
- A split sentence of jail time and probation.
An individual’s attorney can advocate for them and explain to the court why they may have had the firearm in their possession, where the firearm came from, and challenge the search that was conducted. If someone has questions about the penalties they can face in New York State, it is important to consult with an attorney.
Can a Felon Be Around a Person With a Gun?
In general, yes, a felon is allowed to associate with or be around someone else who owns a firearm. This issue may be complicated, however, if the firearm itself is near the felon or the individual who owns the firearm lives with the felon.
It is possible for a convicted felon to be found guilty of constructive possession of a firearm. This can happen when the felon knows that the firearm was present at the residence and the felon could maintain control of the firearm. For this reason, a person who has a felony conviction on their criminal record would want to be cautious about being around others who possess firearms.
It is important to note that a felon may also be found guilty of constructive possession without even handling the firearm, for example, if the weapon is in a car or other vehicle. This type of issue may arise if an individual borrowed a vehicle without knowledge that it contained a firearm or if they were riding in a vehicle and they knew a firearm was present.
Distinctions can also be made between a felon owning the firearm and a felon possessing the firearm. This can have a significant impact on the criminal liability of the felon.
Usually, a felon in possession of a firearm is classified as a felony offense in and of itself. If someone is found guilty of this offense, it can affect their ability to own a firearm at a future time.
When an individual is facing a second or third charge, they may also be facing more severe criminal punishments, such as longer incarceration times and higher criminal fines.
The Importance of Hiring a Lawyer: A person charged with a crime can always represent themselves but doing so in a felon in possession of a firearm case carries significant risks. Criminal law can be complex, and a defendant may not fully understand their rights, potential defenses, or the rules of evidence. A lawyer can provide professional guidance, negotiate with prosecutors, and advocate effectively in court.
Self-representation can lead to unfavorable results due to lack of legal knowledge and experience. It is strongly advised that a person be represented by an attorney. If they cannot afford one, they should inform the court and a defense attorney would be appointed at public expense to represent them.
State Variations: Felon in possession laws are quite different in different states. There are differences in the definitions of firearms, which criminal convictions lead to restrictions on the convicted person’s right to possess a firearm and the punishment. If a person is interested in the law regarding this offense in another state, they want to consult a qualified criminal defense attorney in the state in which they are interested.
What Weapons Can a Felon Own To Protect Themselves?
Even though an individual who was convicted of a felony cannot generally own a firearm, they may be able to own other types of weapons to protect themselves and their residences. This is due to the fact that, even if an individual is a convicted felon, they still have the right to protect themselves and their homes.
There are some examples of weapons that felons can own for their protection, including:
- Pellet guns
- Knives with blades under a specified length
- Crossbows or bows and arrows.
Convicted felons have to obey any laws or restrictions on the weapons they are permitted to own. Being permitted to own certain weapons can ensure a felon still has the ability to hunt.
A felon is prohibited from owning a firearm in order to deter them from using a firearm to commit a similar criminal offense in the future. It is important to note also that, in contrast to some states, felons in New York are not permitted to own an antique firearm, including:
- Black powder shotguns
- Black powder rifles
- Muzzle-loading firearms.
It is important for felons in all states to know that federal laws prohibiting felons from having firearms in their home always overrides any state laws, including New York State laws. This can mean that, even if a felon does not face charges under New York State laws, they can still face prosecution under federal laws.
Can a Felon’s Gun Rights Be Restored?
Yes, in some cases, a felon’s gun rights can be restored through the following:
An individual can consult with a New York lawyer for more information on the process and their eligibility to pursue it. These processes may also be used to restore other civil rights, including the right to vote as well as the right to obtain professional licenses.
It is important to be aware that even when an individual’s gun rights are restored at the state level, they may still be prohibited from owning a firearm under federal laws.
Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?
If an individual has any questions or concerns related to being a felon in possession of a firearm in New York State, they should consult with a New York criminal lawyer. It is important to seek legal advice whether you are a felon yourself or an individual considering living with a felon or letting them use your car so you will know what laws can apply to help avoid legal issues or charges.
LegalMatch can easily help you find a New York lawyer near you in a short amount of time. After you submit your concern online, you will get responses from member lawyers near you who can help in around 24 hours.
