Also known as: felons in possession of a firearm · felon-in-possession · FIP · felony firearm possession
Written by attorneys · grounded in primary & secondary sources — see below
A criminal offense that prohibits a person previously convicted of a felony from knowingly possessing a firearm. The offense requires proof of the defendant's felon status and intentional possession or control of the firearm. General intent to exercise dominion over the weapon suffices.
Frank Fisher faces federal charges after officers find a handgun in his vehicle during a traffic stop. He offers to stipulate that he is a convicted felon to satisfy the status element. The prosecutor seeks to introduce the full judgment and news articles detailing his prior hacking conviction. The court grants the motion to exclude the detailed materials under Rule 403 because the stipulation removes any need for the inflammatory facts.
Fiona Foster is arrested for felon in possession after a traffic stop reveals a firearm in her car. Officers search her cell phone without a warrant and locate messages arranging the gun purchase. The evidence from the phone is later suppressed because the search violated the Fourth Amendment.
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Flora Ford, a convicted felon, is charged after police recover a shotgun from her home. She moves to dismiss arguing the felon-in-possession prohibition violates her Second Amendment rights. The court denies the motion because the statute is a presumptively lawful restriction on firearm possession by felons.
Farid Farahani is prosecuted under a state law banning possession of depictions involving animal cruelty after officers find videos on his phone along with a firearm. The court dismisses the possession charge because the statute criminalizes protected speech unrelated to the firearm element.
Fumiko Fujimoto is charged with felon in possession after a loaded handgun is found in a drawer of the home she shares with her partner. The state proves she knew of the gun and had access to the drawer, establishing constructive possession even though she did not physically hold the weapon.
Freya Freeman pleads guilty to felon in possession. The government seeks an enhanced sentence based on her earlier aggravated felony conviction. The court treats the prior conviction as a sentencing factor rather than an element that must be proved to a jury.
Yes. Once the defendant offers a stipulation that fully satisfies the prior-conviction element, the government generally may not introduce the name or nature of the prior offense. The incremental probative value of those details is minimal while the risk of unfair prejudice is high.
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General intent to commit the proscribed act of possession is sufficient. The defendant must intentionally exercise control or custody over the firearm. Accidental or unknowing possession does not satisfy the mens rea.
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Yes. Detailed evidence such as dashcam footage, victim testimony, or news articles about the prior offense is properly excluded when its probative value on the status element is substantially outweighed by the danger of unfair prejudice.
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It may be admissible under Rule 609(a)(1) in a civil case if its probative value is not substantially outweighed by unfair prejudice under Rule 403. The conviction need not involve dishonesty, but the risk of propensity inferences must still be weighed.
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…United States , 242 U. S. 470, 491 (1917))); see also United States v. Bass , 404 U. S. 336, 347-350 (1971) (saving ambiguous felon-in-possession statute by requiring gun to have crossed state line); Scarborough v. United States , 431 U. S. 563, 575 (1977) (interpreting same statute to require only that gun passed "in interstate…