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18 U.S.C. § 922(g), the federal felon in possession statute, states that it is unlawful for any of the following people to ship, transport, possess, or receive any firearm or ammunition which affects interstate commerce:


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  • Anyone who has been convicted in any court of a crime punishable by imprisonment for more than one year;


  • Anyone who is a fugitive from justice;


  • Anyone who is an unlawful user of or addicted to any controlled substance;

“A felon in possession charge may leave you hopeless—but case law offers hope.”

  Lisa Witt

  • Anyone who has been adjudicated as a mental defective or who has been committed to a mental institution;


  • Anyone who is illegally or unlawfully in the United States;


  • Anyone who has been dishonorably discharged from the Armed Forces;


  • Anyone who has renounced his or her United States citizenship;


  • Anyone who is subject to a valid court order that restrains him or her from harassing, stalking, or threatening an intimate partner or child of an intimate partner or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury; or


  • Anyone who has been convicted in any court of a misdemeanor crime of domestic violence.

“Recent U.S. Supreme Court cases can impact your case—I’m on top of them.”  Lisa Witt

18 U.S.C. § 924(a)(2) provides that any person who knowingly violates 18 U.S.C.A. § 922(g) must be fined or imprisoned not more than 10 years or both.


18 U.S.C. § 922(n) states that it is unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.


As shown above, you don’t have to be a felon to be charged with federal felon in possession.   Lisa is an intelligent, detail-oriented defense attorney who will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:


  • Conduct described is not felon in possession:  The act described in the indictment may not fit the statutory definition of felon in possession.


  • No intent to be a federal felon in possession:  The government may not be able to prove intent beyond a reasonable doubt to prove felon in possession.


  • Entrapment:  The government may have entrapped you into being a federal felon in possession.


  • Missing or tainted evidence:  Sometimes the government’s evidence is missing or tainted. 


  • Duress:  You may have a defense of duress.


  • Government witnesses are not credible:  The government’s witnesses may be mistaken or lying about what happened.


  • Impossibility of government’s story:  The government’s story may be impossible based on the timeline or other evidence.


  • Police misconduct:  There may be police misconduct in investigating the charge, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.


  • Suppression of government’s evidence:  The government may have violated your constitutional rights or otherwise acted illegally in obtaining evidence or your confession resulting in suppression of the evidence.


  • Insufficiency of government’s evidence:  The government may have insufficient evidence to prove federal felon in possession beyond a reasonable doubt.


  • Reduction in number of counts: Each count of your indictment should concern a separate criminal act or victim and not be parts of the same possession.


  • Government misconduct:  There may be government misconduct in disclosing the evidence, interviewing victims and witnesses, and in the general course of your case.

  • Possible other defenses to federal felon in possession:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa employs logical, bottom line analysis while thinking outside the box so she may come up with a novel defense that no other attorney has thought of before.


If you or a loved one is facing a charge of federal felon in possession, it’s very important to hire a thorough, intelligent and passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona federal felon in possession defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

felon possess defenses
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