Description: South Bend, Indiana criminal defense lawyer represented the Defendant charged with being a convicted felon in possession of a firearm.

In October 2022, following a verbal argument in a South Bend residence, Damone McFerren, age 28, of Mishawaka, Indiana, fired three gunshots at one of the persons inside the house. Officers who responded to the scene were able to recover the firearm McFerren attempted to hide in a discarded tire in the alley he ran to after leaving the residence. At the time of the offense, McFerren was on federal supervised release for a felony drug conviction, and he had multiple prior felony convictions, any one of which prohibited him from possessing the firearm.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the South Bend Police Department and the St. Joseph County Prosecutor’s Office. The case was prosecuted by Assistant United States Attorney Katelan McKenzie Doyle.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

18:922(g)(1) FELON IN POSSESSION OF A FIREARM AND FORFEITURE ALLEGATION
(1)

"The Gun Control Act of 1968 (GCA) prohibits certain individuals from possessing firearms. These individuals include:

Felons: Anyone who has been convicted of a felony is prohibited from possessing firearms. This includes felonies that are not related to firearms, such as drug trafficking or violent crimes.

Unlawful users of controlled substances: Anyone who is addicted to a controlled substance or who has been adjudicated as a mental defective is prohibited from possessing firearms.

Domestic violence misdemeanants: Anyone who has been convicted of a misdemeanor crime of domestic violence is prohibited from possessing firearms.

Fugitives from justice: Anyone who is a fugitive from justice is prohibited from possessing firearms.

Persons under indictment for a crime punishable by imprisonment for a term exceeding one year: Anyone who is under indictment for a crime punishable by imprisonment for a term exceeding one year is prohibited from possessing firearms.

Persons who have renounced their U.S. citizenship: Anyone who has renounced their U.S. citizenship is prohibited from possessing firearms.

Persons who are subject to a court order restraining them from harassing, stalking, or threatening an intimate partner or child of their intimate partner.

In addition to these individuals, there are a number of other factors that can make it illegal for someone to possess a firearm. For example, it is illegal for anyone to possess a firearm while under the influence of alcohol or drugs, or to possess a firearm in a school zone.

If you are convicted of a federal felony possession of a firearm, you could face a number of penalties, including:

Imprisonment for up to 10 years: The maximum sentence for federal felony possession of a firearm is 10 years in prison.

A fine of up to $250,000: The maximum fine for federal felony possession of a firearm is $250,000.

Mandatory forfeiture of the firearm: If you are convicted of federal felony possession of a firearm, the firearm will be forfeited to the government.

It is important to note that these are just some of the general penalties for federal felony possession of a firearm. The specific penalties that you will face will depend on the specific facts of your case.

If you are convicted of a federal felony possession of a firearm, you may also be ineligible to possess firearms in the future. This can make it difficult to obtain a job, rent an apartment, or even take a hunting trip.

For more information on federal felony possession of a firearm law, please consult with an attorney."

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Outcome: Defendant was sentenced to fine, $100 special assessment.

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