Federal Law: Immediate Arrest or Warrant for Felon in Possession of a Gun

Are you a felon on probation who has been caught with a gun? Will you be arrested immediately, or will a warrant be issued? This article delves into the legal aspects of having a firearm as a convicted felon, exploring federal and state laws, and providing insights on immediate arrests and warrants.

Legal Implications for Felons Possessing Firearms

In most U.S. states, it is illegal for a felon to possess firearms unless their gun rights have been restored through a pardon. The 18 U.S. Code § 922 specifically addresses federal laws regarding firearms possession. According to federal law, the only exception to this restriction is if the convicted individual’s state formally restores their firearm rights, a process that varies depending on the state.

Situations Where Felons Are Automatically Eligible for Gun Rights Restoration

As of April 2024, seven states have automatic provisions for gun rights restoration upon completion of a specified waiting period:

Hawaii: 1 year Texas: 3 years Alabama: 5 years Louisiana: 10 years Virginia: 10 years

For other states, eligibility for firearm rights restoration typically involves a more complex process, often including a waiting period and the completion of certain requirements. It is crucial to consult the specific laws of the convicting state to understand these requirements.

Immediate Arrest or Warrant for Felon in Possession of a Gun

The act of possessing a firearm as a convicted felon is considered a federal offense. Federal authorities may initiate legal proceedings, and the local state and county may also use this to leverage plea bargaining. However, the federal government rarely picks up these cases outright. Instead, the local state and county often handle these situations.

Local Authorities and Immediate Arrests

When a felon is caught with a gun during a traffic stop or any other circumstance, immediate arrest is common. The situation can vary depending on the specific details of the encounter:

During a traffic stop: If a gun is found in the possession of a felon during a routine traffic stop, the officer will likely arrest the individual immediately for violating federal law. Home visit by a probation officer: If a probation officer finds a gun during a home visit, the outcome can vary. Some probation officers may choose to have an officer arrest the felon on the spot, while others may issue a violation notice and issue a warrant.

The decision to issue an immediate arrest or a warrant depends on the discretion of the law enforcement officer.

Legal Implications of Felon in Possession of a Gun

Regardless of whether the arrest is immediate or if a warrant is issued, the legal consequences are severe. Possession of a firearm by a convicted felon is a federal offense, and the law does not tolerate leniency. Even if the original conviction was many years ago, a felon with a gun can face immediate legal troubles:

Immediate Arrest: A felon can be arrested in any state where they are caught with a firearm, regardless of the original conviction site. Legal Consequences: Once charged, the individual can face significant penalties, including longer prison sentences, fines, and additional restrictions on their rights.

It is particularly important for felons to understand the legal definition of a firearm as defined by federal criminal statutes. The 18 U.S. Code § 921 provides an official definition of a firearm.

Note: This article is for informational purposes only and should not be considered legal advice. Readers should consult with an attorney for specific legal issues.