Felon in possession of a firearm
Encyclopedia
Being a felon in possession of a firearm is a felony in most U.S. states and in the federal system, per . Jay Dobyns
has described it as the Bureau of Alcohol, Tobacco, Firearms and Explosives
' "bread and butter" charge. Per , it is a class C felony
punishable by up to 10 years in prison. The U.S. Sentencing Guidelines describes felons as being "prohibited persons" who, if caught in possession of a firearm, have a base offense level of 14, although the offense level jumps to 20 if "the defendant committed any part of the instant offense subsequent to sustaining one felony conviction of either a crime of violence or a controlled substance offense". The U.S. Court of Appeals for the 3rd Circuit has ruled that this is not a crime of violence under the Bail Reform Act. A felon in possession charge was thrown out by the U.S. Court of Appeals for the 9th Circuit because, although the defendant was found sleeping with one gun on his lap and another leaning against his leg, the house was essentially open to the public and someone else could have placed the guns there.
Jay Dobyns
Jay Anthony Dobyns , alias Jaybird, was a United States Bureau of Alcohol, Tobacco, Firearms and Explosives undercover agent who gained international notoriety after he infiltrated the Hells Angels motorcycle club from 2001 to 2003...
has described it as the Bureau of Alcohol, Tobacco, Firearms and Explosives
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
' "bread and butter" charge. Per , it is a class C felony
Classes of offenses under United States federal law
The classes of offenses under United States federal law are as follows:References-See also:*Special assessment on convicted persons*Supervised release*Probation and supervised release under United States federal law...
punishable by up to 10 years in prison. The U.S. Sentencing Guidelines describes felons as being "prohibited persons" who, if caught in possession of a firearm, have a base offense level of 14, although the offense level jumps to 20 if "the defendant committed any part of the instant offense subsequent to sustaining one felony conviction of either a crime of violence or a controlled substance offense". The U.S. Court of Appeals for the 3rd Circuit has ruled that this is not a crime of violence under the Bail Reform Act. A felon in possession charge was thrown out by the U.S. Court of Appeals for the 9th Circuit because, although the defendant was found sleeping with one gun on his lap and another leaning against his leg, the house was essentially open to the public and someone else could have placed the guns there.