Felony Possession of a Firearm

Portland Gun Charge Attorney | Maine Weapons Offense Lawyer

In Maine, a “prohibited person” in possession of a firearm is charged with a felony. Maine has its own laws, but there is also a federal law that prohibits a felon, or someone classified as a “prohibited person,” from possessing a firearm or ammunition. Under federal law, a prohibited person is defined as:

  • A person convicted of a felony
  • A drug addict
  • A fugitive from justice
  • A person who has been committed to a mental institution in the past
  • An illegal alien
  • A person who has been dishonorably discharged from the military
  • A person convicted of felony or misdemeanor domestic violence
  • A person named in a protection order

State And Federal Criminal Defense

Criminal history is a significant factor in how possession of a firearm is charged. However, a prohibited person found in possession of a firearm is subject to a felony charge that can result in 10 years in prison. How criminal history can influence the case is this: if there are three or more violent crime convictions, the mandatory minimum prison term is 15 years without parole. 18 U.S. Code sect. 922(g) defines a violent crime as burglary, robbery, assault (including domestic assault), drug trafficking, or possessing dangerous weapons.

There is a state charge equivalent to the federal charge. It’s common for the U.S. Attorney to ensure federal jurisdiction trumps state jurisdiction so the charge is a federal charge rather than a state charge. This is why it’s important to have an experienced defense attorney representing you throughout the process, especially one with extensive experience in federal court.

Strategic Criminal Defense

When you have the Law Office of Richard Berne in your corner, you have the opportunity to effectively defend yourself against the charges. You don’t want to face the court alone or obtain sub-par representation because your future depends on a satisfactory result. Even if you feel there is no hope in the case, you’ll be surprised to learn of the possibilities that can lead to a better outcome.

Contact A Portland Gun Charge Attorney

If you have been charged with felony possession of a firearm, it’s important to secure competent and aggressive representation so you can secure the best result. To learn more about how the Law Office of Richard Berne can help you, call 207-871-7770 to schedule a free consultation.