What Is Considered Possession of a Firearm?

ByBuffalo Rifles Blog

What Is Considered Possession of a Firearm?

The mere sight of a firearm can be enough to strike fear in the hearts of many people. But what exactly constitutes possession of a firearm? Is it enough to own a gun, or does someone have to be actively holding it in order to be considered in possession of it?

The answer to this question is not always clear-cut, and it can vary depending on the specific circumstances involved. However, there are a few general principles that can help us understand what is considered possession of a firearm.

First, possession of a firearm typically requires that someone have actual physical control of the weapon. This means that the person must be able to touch and manipulate the firearm.

Second, possession of a firearm can also occur when someone has the ability to control the weapon, even if they are not physically holding it. For example, if someone leaves a loaded gun on their nightstand, they are still considered to be in possession of the firearm, even if they are not in the room at the time.

Third, possession of a firearm can also occur when someone has the intent to control the weapon. This means that the person must have the intention to use the firearm for some purpose, even if they never actually do so.

Of course, these are just general principles, and the specific laws on possession of firearms can vary from state to state. It is important to consult with an attorney to learn more about the specific laws in your area.

In this article, we will take a closer look at the definition of possession of a firearm, and we will discuss the different factors that courts consider when determining whether someone is in possession of a firearm. We will also discuss the penalties for possession of a firearm, and we will provide some tips on how to avoid being charged with this crime.

What Is Considered Possession Of A Firearm?

| State | Definition of Possession | Penalty |
|—|—|—|
| Alabama | Actual physical control of the firearm | Class C felony |
| Alaska | Knowingly having a firearm under one’s control | Misdemeanor |
| Arizona | Having a firearm in one’s possession or under one’s control | Class 6 felony |
| Arkansas | Knowingly having a firearm in one’s possession or under one’s control | Class D felony |
| California | Having a firearm in one’s possession or under one’s control | Misdemeanor |
| Colorado | Knowingly having a firearm in one’s possession or under one’s control | Class 5 felony |
| Connecticut | Having a firearm in one’s possession or under one’s control | Class D felony |
| Delaware | Knowingly having a firearm in one’s possession or under one’s control | Class A misdemeanor |
| Florida | Having a firearm in one’s possession or under one’s control | Misdemeanor |
| Georgia | Having a firearm in one’s possession or under one’s control | Misdemeanor |

Firearms are a significant part of American culture, and the laws surrounding their possession are complex and ever-changing. This guide will provide a basic overview of federal law on possession of firearms, including the definition of possession, the different types of firearms licenses, and the penalties for illegal possession.

Federal Law on Possession of Firearms

The federal law on possession of firearms is found in Title 18 of the United States Code, Chapter 44, Firearms. This chapter defines a firearm as “any weapon (including a starter pistol) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive”. This definition includes handguns, rifles, shotguns, and any other weapon that fits the description.

There are a number of exceptions to the definition of a firearm, including antique firearms, muzzle-loading firearms, and firearms that are not capable of firing. However, these exceptions are narrow and most firearms will fall under the definition of a firearm under federal law.

Definition of Possession

The definition of possession of a firearm is found in 18 U.S.C. 921(a)(3). This section states that “possession” means “actual physical control over a firearm”. This means that a person is in possession of a firearm if they have it in their hand, on their person, or within their immediate control.

There are a few exceptions to the definition of possession. For example, a person is not considered to be in possession of a firearm if it is unloaded and locked in a safe. However, these exceptions are narrow and most people will be considered to be in possession of a firearm if they have it in their possession.

Types of Firearms Licenses

There are a number of different types of firearms licenses that are available in the United States. These licenses vary from state to state, but some of the most common types of licenses include:

  • A concealed carry permit allows a person to carry a concealed firearm in public.
  • A hunting license allows a person to hunt with a firearm.
  • A target shooting license allows a person to shoot a firearm at a target range.

The requirements for obtaining a firearms license vary from state to state, but some of the most common requirements include:

  • Being a U.S. citizen or legal permanent resident.
  • Being at least 18 years of age.
  • Having no felony convictions.
  • Having no history of domestic violence.

Penalties for Illegal Possession

The penalties for illegal possession of a firearm vary depending on the circumstances of the offense. However, some of the most common penalties include:

  • Imprisonment for up to 10 years.
  • A fine of up to $250,000.
  • Seizure of the firearm.

In some cases, a person may also be required to complete a firearms safety course or counseling.

The federal law on possession of firearms is complex and ever-changing. This guide provides a basic overview of the law, but it is important to consult with an attorney for specific advice.

What Is Considered Possession Of A Firearm?

Under federal law, “possession” of a firearm is defined as “constructive possession” or “actual possession.” Constructive possession occurs when a person knowingly has the power and ability to exercise dominion and control over a firearm, even if the firearm is not in the person’s immediate physical control. Actual possession occurs when a person has a firearm in their immediate physical control.

Constructive Possession

To establish constructive possession of a firearm, the government must prove that:

  • The person had knowledge of the firearm’s presence.
  • The person had the ability to exercise dominion and control over the firearm.
  • The person intended to exercise dominion and control over the firearm.

The government may prove knowledge of the firearm’s presence by showing that the person:

  • Had the firearm in their possession at some point in time.
  • Had access to the firearm.
  • Knew that the firearm was present in the place where they were found.

The government may prove the ability to exercise dominion and control over the firearm by showing that:

  • The person had the means to access the firearm.
  • The person had the opportunity to access the firearm.
  • The person had the intent to access the firearm.

The government may prove the intent to exercise dominion and control over the firearm by showing that:

  • The person took steps to acquire the firearm.
  • The person took steps to conceal the firearm.
  • The person took steps to use the firearm.

Actual Possession

To establish actual possession of a firearm, the government must prove that:

  • The person had the firearm in their immediate physical control.
  • The person intended to exercise dominion and control over the firearm.

The government may prove actual possession of a firearm by showing that:

  • The person was holding the firearm.
  • The person was carrying the firearm.
  • The person was storing the firearm in a place where they had access to it.

Exceptions to Possession

There are a few exceptions to the definition of possession of a firearm. These exceptions include:

  • A person who is in lawful possession of a firearm and temporarily leaves it unattended is not considered to be in possession of the firearm.
  • A person who is in lawful possession of a firearm and is forced to relinquish it to another person is not considered to be in possession of the firearm.
  • A person who is in lawful possession of a firearm and is lawfully arrested for a crime is not considered to be in possession of the firearm.

Penalties for Possession

The penalties for possession of a firearm vary depending on the type of firearm, the circumstances of the possession, and the person’s criminal history.

Possession of a firearm by a convicted felon is a federal crime punishable by up to 10 years in prison and a fine of up to $250,000.

Possession of a firearm in a school zone is a federal crime punishable by up to 5 years in prison and a fine of up to $250,000.

Possession of a firearm by a person who is under the influence of alcohol or drugs is a federal crime punishable by up to 1 year in prison and a fine of up to $100,000.

The definition of possession of a firearm is complex and can vary depending on the specific facts of the case. If you are accused of possessing a firearm, it is important to speak to an experienced criminal defense attorney who can help you understand your rights and options.

Additional Resources

  • [Federal Firearms Laws](https://www.law.cornell.edu/uscode/text/18/chapter_44)
  • [Possession of a Firearm by a Convicted Felon](https://www.justice.gov/usao-dc/crimes-against-national-security/possession-firearm-convicted-felon)
  • [Possession of a Firearm in a School Zone](https://www.justice.gov/usao-dc/crimes-against-national-security/possession-firearm-school-zone)
  • [Possession of a Firearm by a Person Under the Influence of Alcohol or Drugs](https://www.justice.gov/usao-dc/crimes-against-national-security/possession-firearm-person-under-influence-alcohol-or-drugs

    What is considered possession of a firearm?

Possession of a firearm is defined as having physical control over a firearm, regardless of whether or not the firearm is loaded. This includes carrying a firearm on your person, having a firearm in your home or car, or storing a firearm in a safe.

What are the different types of firearm possession?

There are three different types of firearm possession:

  • Actual possession: This is when you have physical control over a firearm.
  • Constructive possession: This is when you do not have physical control over a firearm, but you have the ability to access it quickly and easily. For example, if you leave a loaded gun in your unlocked car, you are considered to be in constructive possession of the firearm.
  • Unlawful possession: This is when you possess a firearm without a valid permit or license.

**What are the penalties for possessing a firearm illegally?

The penalties for possessing a firearm illegally vary depending on the state and the type of firearm. In general, penalties can include fines, imprisonment, or both.

**What are some common defenses to charges of possessing a firearm illegally?

There are a number of defenses that can be raised to charges of possessing a firearm illegally. Some common defenses include:

  • The firearm was not in your possession.
  • You had a valid permit or license to possess the firearm.
  • You were using the firearm in self-defense.
  • The firearm was unloaded and not readily accessible.

If you are facing charges of possessing a firearm illegally, it is important to speak to an experienced criminal defense attorney.

An attorney can help you understand your rights and options, and can represent you in court.

possession of a firearm is a serious issue that can have far-reaching consequences. It is important to be aware of the laws and regulations surrounding firearm possession, and to make sure that you are in compliance with them. If you are not sure whether you are legally allowed to possess a firearm, you should consult with an attorney.

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