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Felon In Possession of Firearm

Birmingham Felon in Possession of a Firearm Attorney

Defending Clients’ Rights in Birmingham, Vestavia Hills, and Surrounding Communities

If you have been convicted of a felony in Alabama, you are not legally allowed to own or possess a firearm. However,Attorney Joseph A. Ingram understands that people sometimes make mistakes or are the victim of mistaken identity in situations out of their control. If you are arrested for felony possession of a firearm, you could face serious jail time and/or probation. Don’t face these charges without a skilled lawyer like Attorney Ingram by your side.

When you are charged with felon in possession of a firearm, contact Ingram Law, LLC to get started on fighting against your wrongful charge. Call (205) 335-2640 or fill out this form to schedule a consultation today!

Federal Firearm Possession Law

Both federal and Alabama gun laws prohibit certain people from possessing firearms. 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 1 year in prison. Federal law also places the same restrictions on people who:

  • are subject to a restraining order;
  • convicted of misdemeanor domestic violence; and
  • were dishonorably discharged from the military.

Those covered by this law may not possess a firearm or even ammunition that’s crossed state lines to get to them. Note that prosecutors must prove beyond a reasonable doubt that you knew the gun was in your possession (e.g. your home, car, or other property). For example, if a family member hid a gun in your home without your knowledge, you do not legally possess it and cannot be so charged.

Alabama Firearm Possession Law

Alabama state law prohibits the following individuals from owning or possessing a firearm:

  • have been convicted in the state or elsewhere of committing or attempting to commit a violent crime;
  • have been convicted of committing or attempting to commit a misdemeanor domestic violence offense;
  • anyone subject to a valid protection order for domestic abuse;
  • anyone of unsound mind.

Note that crimes of violence identified by the law in this statute are:

  • Murder
  • Rape
  • Mayhem
  • Kidnapping
  • Robbery
  • Burglary
  • Manslaughter, except vehicular manslaughter
  • Larceny
  • Assault with intent to rob, ravish or murder

Drug addicts and “habitual drunkards” are also subject to this law prohibiting firearm possession.

What are the Penalties for Unlawful Possession?

To lawfully possess a concealed weapon, the law requires that a person have a state permit. Without one, a person can be charged with a misdemeanor punishable by a maximum fine of $500 and a sentence of up to 6 months in jail.

The only type of gun that is expressly prohibited by Alabama gun laws is a shotgun or rifle fashioned to look like a walking cane. Possession of a weapon like this could result in a prison sentence of up to 2 years and a fine of up to $1,000. The maximum penalty for a federal charge of being a convicted felon in possession of a firearm is 10 years in prison and a $250,000 fine.

Exceptions to Concealed Carry Permits

Even having a license to carry does not authorize carry into the following places:

  • a police, sheriff or highway patrol building;
  • a prison, jail, halfway house, or community corrections facility;
  • a courthouse or building where the District Attorney’s office is located;
  • an inpatient psychiatric or mental hospital;
  • a building in which city council or county commission meetings are held;
  • athletic events at schools;
  • professional athletic events;
  • demonstrations;
  • any location barred under federal law.

Charges of illegal possession of a firearm can result in severe consequences you will have to deal with for the rest of your life. If possible, our goal at Ingram Law, LLC is to fight for your defense and have your charges reduced or dismissed.

Let Ingram Law, LLC Defend Your Case

In the majority of felon in possession of firearm cases, the defenses used are procedural, civil rights, and fact-based. In order to be convicted, the prosecutor must prove the defendant’s intent to possess and control the firearm. In our firm’s experience with these cases, we often find that someone other than the convicted felon was keeping a firearm in the house, usually a family member or other relative living in the house. In these scenarios, our firm can demonstrate that you had no intent to possess a firearm since the home is not your residence. Similarly, an alarming number of our cases feature clients who are accused of illegal possession of a firearm just because they were riding in a car with another person who was carrying a firearm. In these situations, Attorney Ingram can look into whether the traffic stop was legally carried out or whether the police violated your rights during their search.

In fact, Ingram Law, LLC has been able to help clients get these types of cases dismissed in federal court. Take the case of United States v. Timothy Alexander Lowe:

  • Our client was charged with 18 U.S.C. 922(g)(1), which is a felon in possession of a firearm. In this case, a confidential informant gave information to government agents concerning our client possessing a firearm in his vehicle. The firearm was located during the course of a traffic stop. After much investigation in the case and requesting the government to disclose the name of the informant as it related to our client’s defense, the government was unable to provide the name of the informant, and the case was thus dismissed.

Let an experienced and knowledgeable attorney handle your case. You can trust Ingram Law, LLC to craft a compelling defense against your felon in possession of a firearm charge.

Contact the team at Ingram Law, LLC to schedule a consultation today! Call (205) 335-2640 or submit an online contact form here.

Get to Know Your Attorney

Learn More About Joe Ingram

Birmingham Criminal Defense Attorney Mr. Ingram is a native of Birmingham, Alabama. After earning his Bachelor’s Degree from Samford University, he worked for Alabama Power in Corporate Accounting. Mr. Ingram earned his law degree from Birmingham School of Law in 2002. While attending law school, Mr. Ingram worked as a law clerk in the Office of District Attorney for the Tenth Judicial Circuit in Jefferson County, Alabama. He has also served as an Assistant District Attorney in Baldwin County.

    Proven Track Record

    Hear From Our Satisfied Clients
      "He was very communicative about any and every question I had or any updates he had for me."
      I definitely would use him again if the need arises for me.
      - David
      "A wonderful attorney"
      Mr . Ingram is a very knowledgeable attorney and understanding. He worked out a wonderful deal.
      - Angela Jackson
      "Absolutely Great!"
      Mr. Ingram deals with complicated cases and makes you feels at ease with a resolution. He looks out for your best interest. Honest and empathetic to your needs.
      - Anonymous
      "Definitely a great attorney !"
      I had a issue that I needed an attorney to help me with. Mr. Ingram was the man to call upon. He answered my calls day and night. I would definitely recommend him!
      - Joe
      "Excellent, Just Plain Excellent"
      Joe Ingram was the perfect attorney my wife and I needed as we faced being deposed in our ex-son-in-law’s child custody litigation. His broad experience made it easy for him to walk us through the process, provide guidance on answering questions, and counsel us on the preparation of requested documents. As a result, my wife and I confidently entered the deposition with little or no trepidation. Really, I cannot say enough nice things about him. I just know that if I ever need an attorney or legal advice in the future, he’ll be the one I call first.
      - Edgar Smith, USAF Retired
      "Gets the Job Done"
      Thankful I chose to work with Joseph Ingram. He knows the law, made my case a priority and got the job done. Very Competent and trustworthy. I would 100% recommend Joeseph Ingram and work with him again.
      - GClark Johnson
      If you ever find yourself in need of an exceptional lawyer that goes above and beyond Joe Ingram is that person. I personally found myself calling Joe on weekends, day, night, it did not make any difference. He always made himself available. Joe worked diligently for two years on my husband’s case and through it all kept us calm with continuously assurance “it’s going to be okay”. His case did come out much better than either of us could have imagined. I cannot begin to express my gratitude and appreciation to Joe.
      - Ms. Franklin
      My first meeting with Joe I felt as if I could trust him completely. I had a thousand questions and he patiently explained in an understandable way to me the answers. Joe took on my case. I was continually kept in the loop of the progress and of any issues along the way. Joe is an amazing attorney and a super nice person. I would highly recommend Joe if you ever need the best. Thank You Joe K. Franklin
      - Ken

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