Legal Definitions - felon in possession

The term felon in possession refers to a federal crime that makes it illegal for someone who has previously been convicted of a serious crime (a felony) to own, carry, or control a firearm or ammunition. This law is designed to enhance public safety by preventing individuals with a history of serious criminal behavior from having access to weapons.

To prove someone committed the crime of felon in possession, prosecutors generally need to show three main things:

• Previous Felony Conviction: The person must have been found guilty in court of a crime that could have resulted in a prison sentence of more than one year.
• Knowing Possession: The person must have knowingly had a firearm or ammunition. This doesn't always mean physically holding it; it can also mean having control over it, such as knowing where it is and having the ability to access it (this is called 'constructive possession').
• Interstate Commerce Link: The firearm or ammunition must have, at some point, traveled across state lines or otherwise affected trade between states. This element is usually straightforward for the prosecution to prove.

Here are some examples illustrating how this legal term applies:

• Example 1: Actual Possession in a Vehicle

  Mr. Davies, who has a prior felony conviction for grand theft, is pulled over for a traffic violation. During a lawful search of his car, a loaded pistol is found tucked under the driver's seat, within his immediate reach.

  This illustrates felon in possession because Mr. Davies has a prior felony conviction, and he was found in actual possession of a firearm, meaning it was directly accessible and under his physical control in his vehicle. The firearm, having been manufactured in one state and sold in another, would easily meet the interstate commerce requirement.

• Example 2: Constructive Possession in a Residence

  Ms. Chen, who has a previous felony conviction for drug trafficking, lives in an apartment. Police execute a search warrant at her residence and find a rifle hidden in a closet in her bedroom. Although Ms. Chen was not home at the time of the search, her fingerprints are found on the rifle, and text messages on her phone discuss her "new toy" and its location in the closet.

  This demonstrates felon in possession through constructive possession. Ms. Chen has a prior felony. Even though she wasn't physically holding the rifle, the evidence (fingerprints, text messages) strongly indicates she knew about it, had control over it, and intended to exercise dominion over it in her private space. The rifle's journey across state lines would satisfy the commerce element.

• Example 3: Constructive Possession in a Workplace

  Mr. Rodriguez, who has a felony conviction for assault, works as a manager at a small auto repair shop. During an inspection, authorities discover a shotgun stored in a locked cabinet in the back office, which only Mr. Rodriguez and the owner have keys to. The owner testifies that the shotgun belongs to Mr. Rodriguez, who brought it to the shop for "security."

  This is another instance of constructive possession. Mr. Rodriguez has a prior felony. While he wasn't physically holding the shotgun, he had control over the locked cabinet where it was stored, and the owner's testimony links the weapon directly to him. The shotgun's manufacturing and distribution history would fulfill the interstate commerce requirement.