Is Possession of a Firearm a Felony or Misdemeanor?

February 04, 2025

Determining whether possession of a firearm is a felony or a misdemeanor depends on a variety of factors, including the type of firearm, the location of possession, and the facts and circumstances surrounding the case. Laws governing firearm possession are intricate and vary significantly across states, making it crucial to understand how these charges are applied and their potential consequences. Firearm offenses can also be charged in federal court, from possession of a firearm by a convicted felon to arms trafficking.  

Key Factors That Determine the Classification

Several factors play a role in determining whether possession of a firearm constitutes a misdemeanor or a felony. These include:

1. The Type of Firearm: Certain firearms, such as automatic weapons or firearms with defaced serial numbers, are more heavily regulated under federal and state laws. Possession of these types of weapons is generally classified as a felony.


2. The Circumstances of Possession: Being caught with a firearm in specific prohibited areas, such as schools, airports, or government buildings, can elevate the charges from a misdemeanor to a felony. Similarly, possession of a firearm while committing another crime can also result in enhanced penalties.


3. The Individual's Background: Prior criminal convictions, particularly felony convictions, often restrict firearm ownership. If a prohibited individual is found in possession of a firearm, the offense is a felony under both state and federal law.


4. Permit or Licensing Violations: States that require permits for carrying firearms may charge unlicensed possession as a misdemeanor for a first offense. However, repeated violations or possession with criminal intent may escalate the charge to a felony.

Understanding how these factors apply to your specific case is critical. Experienced defense attorneys are skilled at analyzing these elements to determine the best legal approach.

Examples of Misdemeanor and Felony Firearm Possession

• Misdemeanor: A first-time offense for carrying a firearm without the required permit may be treated as a misdemeanor in some states, leading to fines and possible probation.  Florida issues, but does not require a permit under the new "open carry" law.


• Felony: Possession of a firearm by a convicted felon or using a firearm during the commission of a violent crime is always charged as a felony, with severe penalties, including enhanced prison sentences.

In either situation, the stakes are high. A misdemeanor conviction can result in fines, probation, and a permanent mark on your record, while a felony conviction may carry life-altering consequences, such as loss of voting rights, employment challenges, and imprisonment.

Penalties for Firearm Possession Offenses

The penalties for firearm possession offenses vary depending on the jurisdiction and severity of the charges. For misdemeanors, penalties typically include:

• Fines ranging from $500 to $5,000


• Up to one year in county jail


• Probation and community service

Felony firearm charges, on the other hand, carry much steeper consequences:

• Prison sentences ranging from one year to life, depending on the offense


• Fines exceeding $10,000


• Permanent loss of firearm rights and other civil liberties

Why Legal Representation Is Essential

Navigating firearm possession charges can be overwhelming due to the complexities of firearm laws and the potential penalties involved. This is where experienced legal representation can make all the difference. Attorneys who specialize in criminal defense bring a deep understanding of firearm regulations and can help you build a solid defense.

For example, the team at Donet, McMillan & Trontz, P.A. has extensive experience defending individuals charged with firearm-related offenses. They understand how to investigate key elements of a case, such as whether law enforcement conducted a lawful search or whether the prosecution can prove intent. Their ability to pinpoint these issues can lead to reduced charges, alternative sentencing, or even case dismissals, depending on the circumstances.

Building a Defense: What Attorneys Look For

When defending against firearm possession charges, attorneys focus on several critical aspects, including:

• The Legality of the Search and Seizure: Was the firearm discovered through an unlawful search? If so, evidence may be suppressed.


• Intent and Circumstance: Was the firearm knowingly possessed? Was there criminal intent? Proving lack of knowledge or intent can weaken the prosecution's case.


• Permit Issues: For individuals charged with unlicensed possession, showing evidence of an expired or pending renewal can mitigate charges.

Attorneys from Donet, McMillan & Trontz, P.A. not only leverage their understanding of the law but also work closely with clients to uncover critical details that may shift the direction of the case. Their hands-on approach and attention to detail provide clients with a strong defense strategy tailored to their situation.

How to Protect Your Rights

If you find yourself facing firearm possession charges, taking immediate steps to protect your rights is essential. This includes:

• Refraining from Speaking to Law Enforcement Without an Attorney: Anything you say can be used against you. It's always best to have an attorney present during questioning.


• Documenting the Incident: Write down everything you remember about the circumstances of your arrest or the discovery of the firearm.



• Seeking Experienced Legal Counsel: An attorney who understands the complexities of firearm possession laws can be your best ally in fighting the charges.

Donet, McMillan & Trontz, P.A. combines legal expertise with a deep commitment to their clients. Whether it's negotiating with prosecutors, challenging evidence, or representing you in court, their priority is to protect your rights and achieve the best possible outcome.

Conclusion

The question of whether possession of a firearm is a felony or misdemeanor depends on numerous factors, including the type of firearm, the circumstances of possession, and the individual's background. Regardless of the classification, firearm charges carry significant legal consequences that can impact your life for years to come.

When facing these charges, having knowledgeable legal representation can make all the difference. The attorneys at Donet, McMillan & Trontz, P.A. bring decades of experience and a proven track record in criminal defense, ensuring that their clients receive the best possible defense. If you or someone you know is dealing with firearm possession charges, contact Donet, McMillan & Trontz, P.A. today for a confidential consultation. Their expertise and dedication can provide you with the guidance and support you need during this challenging time.