United States of America v. Montreal Leonard Burnett

Amarillo, Texas criminal defense lawyer represented the Defendant charged with being a convicted felon in possession of a firearm.



18 U.S.C. 922(g)(1) is a federal law that prohibits individuals convicted of felonies from possessing firearms. Specifically, it makes it unlawful for any person "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" to "possess in or affecting commerce, any firearm or ammunition," according to the Legal Information Institute. This means that a person convicted of a felony cannot legally ship, transport, possess, or receive firearms or ammunition.



Key elements of the law:



Conviction of a felony:



The core requirement is that the individual has been convicted of a felony offense, meaning a crime punishable by more than one year of imprisonment.



Possession of a firearm or ammunition:



The law prohibits the possession, shipping, transport, or receipt of firearms or ammunition.



Interstate or foreign commerce nexus:



The firearm or ammunition must be connected to interstate or foreign commerce, meaning it has moved across state lines or is involved in international trade.

Prohibited Persons:



While 18 U.S.C. 922(g) is aimed primarily at felons, it also restricts other individuals such as those convicted of misdemeanor crimes punishable by more than one year in jail, those with domestic violence restraining orders, and those dishonorably discharged from the military.



"Possession" can be constructive:



The law recognizes both actual possession (holding the firearm) and constructive possession (having the power and intent to control the firearm), according to the Federal Criminal Defense Attorneys.

Penalties:



Violations of 18 U.S.C. 922(g)(1) are federal felonies, punishable by up to 10 years in prison and a fine of up to $250,000, according to Medvin Law.



Important Considerations:



Interstate Commerce:

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The law only applies when the firearm's possession, shipment, transport, or receipt involves interstate or foreign commerce.

Sentencing:

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Sentencing for violating this law can vary, but the United States Sentencing Commission provides data on average sentences and guideline ranges.

ACCA:

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The Armed Career Criminal Act (ACCA) can impose a mandatory minimum sentence of 15 years without parole for individuals with three or more prior convictions for violent felonies or serious drug offenses.

Second Amendment:

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The constitutionality of the felon-in-possession law has been challenged, with some courts considering whether the ban violates the Second Amendment rights of non-violent felons.



Section 922(g) Firearms | United States Sentencing Commission



§ 922(g). Section 922(g) makes it unlawful for prohibited persons to ship, transport, possess, or receive a firearm or ammunition,



United States Sentencing Commission



18 U.S. Code § 922 - Unlawful acts - Law.Cornell.Edu



It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year t...



Law.Cornell.Edu



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Custody of the BOP for a term of 37 months. S/R - 3 years. MSA - $100. Forfeiture - A Ruger LC9, 9mm caliber pistol, bearing serial number 326-03104; and any ammunition recovered with the firearm.