The Second Amendment to the Constitution gives all U.S. citizens the right to bear arms. Unfortunately, lawmakers have decided that this right doesn't apply to several large categories of people, including those who have been indicted or convicted of a state or federal felony. Federal law prohibits you from possessing a firearm if you were indicted for or convicted of a crime punishable with more than a year in prison. Alabama state law prohibits possession of a "pistol" (defined as any gun with a barrel of less than 12 inches) by anyone convicted of a violent crime. It doesn't matter whether your sentence was suspended, how long it's been since you served your time or how you used the gun. Even if you only intended to go hunting, you could spend up to 10 years in prison.
At the Eversole Law Offices, we understand that guns are a Constitutional right, a useful tool and a necessity for hunters, security officials, hobbyists and others in Alabama. Many people don't realize that restrictions on these and other lawful activities involving firearms don't end after parole. But nobody should go to prison over a misunderstanding. That's why Steven Eversole aggressively defends clients from both federal felon-in-possession charges and Alabama state charges of possessing a pistol after conviction for a violent crime. If you're facing these charges, call Steven Eversole as soon as possible for help.
Ex-Felon Gun Possession Attorney
Both federal and state law prohibit certain people from possessing firearms, but the federal law is broader and harsher. The federal criminal code applies to people who have been indicted for, or convicted of, any state or federal crime that carries a penalty of more than a year in prison. That is, the law applies before you've even been convicted, and it applies regardless of how much time you've served. Federal law also places the same restrictions on people who are subject to a restraining order, those convicted of misdemeanor domestic violence and those who were dishonorably discharged from the military.
If the federal law applies to you, you may not possess a firearm or ammunition that's crossed state lines to get to you, or transport, ship or receive a firearm across state lines. That's important, because in order to prove their case against you, prosecutors must prove that the gun was transported across state lines at some time before you possessed it. They must also show beyond a reasonable doubt that you knew the gun was in your home, car or other property. That is, if a family member hid a gun in your home without your knowledge, you don't possess it, legally speaking.
The Alabama state law is narrower. It prohibits anyone convicted of a violent crime from possessing a pistol, defined as any firearm with a barrel less than 12 inches long. That means a pellet gun may be prohibited, but a long-barreled shotgun is permitted. Under the law, crimes of violence are actual or attempted:
- Manslaughter, except vehicular manslaughter
- Assault with intent to rob, ravish or murder
Drug addicts and "habitual drunkards" are also subject to this law. Those convicted face up to five years in state prison, as well as seizure of the gun or guns.
Free Consultation on Firearms Charges
At the Eversole Law Offices, we believe that everyone is entitled to a vigorous and thorough defense, regardless of the charges against them or past mistakes. Steven Eversole has helped clients throughout Alabama beat or reduce serious criminal charges, including charges of being a felon in possession of a firearm. He will look for any flaws or unproven allegations in the case against you that could result in the entire case being dismissed. When that's not possible, our office can help you negotiate for reduced charges, knowing that these charges often result from a simple misunderstanding of the law rather than criminal behavior or intent. If it's necessary or appropriate to go to trial, our office will work hard to make sure the prosecution truly proves its case beyond a reasonable doubt. And because we offer free initial consultations, there's no risk in consulting Steven Eversole for an expert opinion on your case.
If you or someone you care about faces charges of possessing a firearm after a felony conviction in Alabama, call Steven Eversole today for a free evaluation of your case, at 1-866-831-5292, or (205) 994-0616 in Birmingham.