Is Possession of an Unregistered Firearm a Felony?
Is Possession Of An Unregistered Firearm A Felony?
The question of whether or not possession of an unregistered firearm is a felony is a complex one with no easy answer. There are a number of factors to consider, including the state in which the firearm is located, the type of firearm involved, and the individual’s criminal history.
In this article, we will explore the issue of unregistered firearm possession in depth. We will discuss the relevant laws, the potential penalties for violating those laws, and the factors that judges and juries consider when determining whether or not to convict a defendant of a felony firearm possession charge.
We will also provide information on how to legally register a firearm and how to avoid becoming a prohibited person. By the end of this article, you will have a better understanding of the laws surrounding unregistered firearm possession and the potential consequences of violating those laws.
What is an Unregistered Firearm?
An unregistered firearm is any firearm that is not registered with the National Firearms Act (NFA). The NFA is a federal law that requires all “firearms” (including handguns, rifles, shotguns, and certain types of ammunition) to be registered with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
There are a few exceptions to the NFA registration requirement. For example, antique firearms and firearms that are curios or relics are not required to be registered. Additionally, some states have their own laws regarding firearm registration.
Is Possession Of An Unregistered Firearm A Felony?
The answer to this question depends on a number of factors, including the state in which the firearm is located, the type of firearm involved, and the individual’s criminal history.
In general, possession of an unregistered firearm is considered a felony in most states. However, there are some exceptions. For example, in some states, it is not a felony to possess an unregistered firearm if the firearm is owned by a law-abiding citizen who has a valid concealed carry permit.
Additionally, the penalties for possessing an unregistered firearm can vary depending on the type of firearm involved. For example, possessing an unregistered handgun is typically considered a more serious offense than possessing an unregistered rifle or shotgun.
Finally, an individual’s criminal history can also play a role in determining whether or not they will be charged with a felony for possessing an unregistered firearm. Individuals who have prior felony convictions are more likely to be charged with a felony for possessing an unregistered firearm than individuals who do not have any prior criminal convictions.
What are the Penalties for Possessing an Unregistered Firearm?
The penalties for possessing an unregistered firearm can vary depending on the state in which the firearm is located, the type of firearm involved, and the individual’s criminal history.
In general, the penalties for possessing an unregistered firearm include:
- Fines. Individuals who are convicted of possessing an unregistered firearm can be fined up to \$250,000.
- Imprisonment. Individuals who are convicted of possessing an unregistered firearm can be sentenced to up to 10 years in prison.
- Restitution. Individuals who are convicted of possessing an unregistered firearm may be ordered to pay restitution to the victim of the crime.
Additionally, individuals who are convicted of possessing an unregistered firearm may also lose their right to own a firearm in the future.
How to Legally Register a Firearm
The process for registering a firearm varies depending on the state in which the firearm is located. However, the general steps involved in registering a firearm include:
1. Obtaining a firearms identification card (FID) or a concealed carry permit (CCP). In most states, individuals must have a FID or a CCP in order to register a firearm.
2. Contacting the local law enforcement agency. The local law enforcement agency will provide you with the necessary forms and instructions for registering a firearm.
3. Submitting the required paperwork and fees. The local law enforcement agency will review your paperwork and fees. If everything is in order, they will issue you a registration certificate for your firearm.
How to Avoid Becoming a Prohibited Person
There are a number of factors that can make an individual a prohibited person under federal law. These factors include:
- Being a convicted felon. Individuals who have been convicted of a felony are prohibited from owning or possessing a firearm.
- Being a fugitive from justice. Individuals who are fugitives from justice are prohibited from owning or possessing a firearm.
- Being a drug user or addict. Individuals who are addicted to drugs or who use drugs illegally are prohibited from owning or possessing a firearm.
- Having been adjudicated mentally defective. Individuals who have been adjudicated mentally defective are prohibited from owning or possessing a firearm.
- Being a member of a terrorist organization.
State Is Possession Of An Unregistered Firearm A Felony? Reference Alabama Yes 13A-11-71 Alaska Yes 11.61.150 Arizona Yes 13-3130 Arkansas Yes 5-41-101 California Yes 12020 Colorado Yes 18-12-103 Connecticut Yes 53-206a Delaware Yes 11 Del. C. 4102 Florida Yes 790.013 Georgia Yes 16-11-110 Hawaii Yes 463-124 Idaho Yes Post navigation