Is Possession Of A Stolen Firearm A Felony?

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Is Possession of a Stolen Firearm a Felony?

Possession of a stolen firearm is a felony in the United States. The federal law that makes it illegal to possess a stolen firearm is 18 U.S.C. 922(j). This law states that it is a crime to knowingly possess a firearm that has been stolen from the United States or any other country. The penalties for possessing a stolen firearm can include up to 10 years in prison and a fine of up to $250,000.

What are the elements of the crime of possessing a stolen firearm?

The elements of the crime of possessing a stolen firearm are:

  • The defendant knowingly possessed a firearm.
  • The firearm was stolen.
  • The firearm was stolen from the United States or any other country.

How do I know if a firearm is stolen?

If you are not sure if a firearm is stolen, you can contact the local police department or the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The ATF has a website where you can enter the serial number of a firearm to see if it has been reported stolen.

**What are the defenses to the crime of possessing a stolen firearm?

There are a few defenses to the crime of possessing a stolen firearm. These include:

  • The defendant did not know that the firearm was stolen.
  • The defendant was in lawful possession of the firearm before it was stolen.
  • The defendant was a law enforcement officer or a person acting under the direction of a law enforcement officer.

What are the penalties for possessing a stolen firearm?

The penalties for possessing a stolen firearm can include up to 10 years in prison and a fine of up to $250,000. The penalties may be increased if the firearm was used in a crime of violence or if the defendant has a prior conviction for a firearms offense.

How can I avoid being charged with possessing a stolen firearm?

There are a few things you can do to avoid being charged with possessing a stolen firearm. These include:

  • Only buy firearms from a licensed dealer.
  • Keep your firearms in a safe place where they are not accessible to unauthorized persons.
  • Report any firearms that are stolen to the police.

By following these tips, you can help to keep yourself and your community safe from gun violence.

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State Possession of a Stolen Firearm Felony or Misdemeanor
Alabama Possession of a stolen firearm is a Class B felony. Yes
Alaska Possession of a stolen firearm is a Class A felony. Yes
Arizona Possession of a stolen firearm is a Class 2 felony. Yes
Arkansas Possession of a stolen firearm is a Class D felony. Yes
California Possession of a stolen firearm is a wobbler offense, meaning it can be charged as either a felony or a misdemeanor. Yes or No
Colorado Possession of a stolen firearm is a Class 4 felony. Yes
Connecticut Possession of a stolen firearm is a Class D felony. Yes
Delaware Possession of a stolen firearm is a Class B felony. Yes
Florida Possession of a stolen firearm is a third-degree felony. Yes
Georgia Possession of a stolen firearm is a felony. Yes
Hawaii Possession of a stolen firearm is a Class B felony. Yes
Idaho Possession of a stolen firearm is a Class C felony. Yes
Illinois Possession of a stolen firearm is a Class 2 felony. Yes
Indiana Possession of a stolen firearm is a Class D felony. Yes
Iowa Possession of a stolen firearm is a Class D felony. Yes
Kansas Possession of a stolen firearm is a Class B felony. Yes
Kentucky Possession of a stolen firearm is a Class D felony. Yes
Louisiana Possession of a stolen firearm is a felony. Yes
Maine Possession of a stolen firearm is a Class C felony. Yes
Maryland