PC §201 - POSSESSION OF A FIREARM BY A CONVICTED FELON
CLASS F FELONY
(a) Definition
Possession of a firearm by a convicted felon is defined as the unlawful possession, ownership, or control of a firearm by an individual who has been previously convicted of a felony offense, and whose firearm possession rights have not been restored under the law.
(b) Elements of the Offense
To prove possession of a firearm by a convicted felon, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant knowingly possessed, owned, or controlled a firearm.
The defendant was previously convicted of a felony offense.
The defendant's firearm possession rights had not been restored under the law.
(c) Defenses
Defenses to a charge of possession of a firearm by a convicted felon may include, but are not limited to:
Lack of knowledge: The defendant did not knowingly possess, own, or control the firearm.
Restoration of rights: The defendant's firearm possession rights were lawfully restored under the law, such as through a pardon, expungement, or restoration of civil rights process.
Mistaken identity: The defendant was not the person in possession of the firearm.
Unconstitutional application: The application of the law to the defendant's situation violates their constitutional rights, such as the Second Amendment right to bear arms.
(e) Aggravating Factors
Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:
Prior convictions for possession of a firearm by a convicted felon or other related offenses.
Possession of multiple firearms or firearms with altered serial numbers.
Possession of a firearm in connection with the commission of another felony offense.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
120 SECONDS OF JAIL TIME.
BOND SET
$100,000.00
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