In North Carolina and all other states, federal law prohibits some people from possessing, transporting, shipping or receiving explosives, firearms or ammunition. The possession of a firearm may be constructive or actual.
Constructive possession of a firearm means that you are aware there is a firearm in your car, residence or some place similar and you can access that firearm either by yourself or through someone else. The court could consider that you have constructive possession of the firearm. Actual possession means the firearm is actually in your possession.
The following individuals are not allowed to possess a firearm according to federal law:
— Someone who has been convicted of a crime that had a possible punishment of over a year.
— Someone who has been placed in a mental institution or who the court has found to mentally defective.
— Someone who has a non-immigrant visa or is in the country illegally.
— Someone who served in the armed forces and was dishonorably discharged.
— Someone who is considered a fugitive.
— Someone who is addicted to or unlawfully uses a controlled substance.
— Someone who renounces his or her U.S. citizenship.
— Someone who has an order of protection issued against him or her.
— Someone who has a misdemeanor conviction for domestic violence.
The punishment for the federal crime of illegally possessing a firearm is a $250,000 fine and/or 10 years in prison. If the person is on supervised release or probation, it is mandatory that the court revoke it after a conviction for this charge.
At Marcilliat & Mills PLLC, we have extensive experience in defending against federal charges. To learn more about how federal court differs from state court, please visit our webpage.