State and federal law generally preclude people convicted of felonies from owning weapons. As such, if a law enforcement agent finds a firearm in the possession of a convicted felon, it could lead to criminal charges. A person must be aware that he or she is a felon to be convicted of violating the federal law barring possession of a firearm by a felon.
Merely because an indictment for unlawful possession of a firearm fails to include the knowledge element of the offense does not mean the defendant was automatically prejudiced, though. This was demonstrated in a recent Florida case, in which the court affirmed the defendant’s conviction for being a felon in possession of a firearm. If you are charged with a gun crime, it is advisable to meet with a knowledgeable Tampa weapons crime defense lawyer to discuss your case.
The Defendant’s Indictment and Conviction
Allegedly, a police officer approached a group of people on a street corner when he saw one of the men point a gun at the crowd. A chase ensued, and the police eventually apprehended and arrested three men, including the defendant. The defendant was indicted for numerous offenses, including being a felon in possession of a gun. After he was indicted, the Supreme Court issued a ruling stating that a defendant must know he belongs to a class of people barred from owning firearms to be convicted of being a felon in possession of a gun.