2.201 — POSSESSION OF A FIREARM BY A CONVICTED FELON

Violations of "Statute 2.201" results in a Class F Felony

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(a) Definitions

"Convicted Felon" shall mean an individual who has been convicted of a felony offense, including but not limited to crimes of violence, drug offenses, or any offense punishable by imprisonment for more than one year, and who has not had their rights restored to legally possess a firearm.

"Firearm" shall mean any weapon that is designed to expel a projectile through the use of an explosive, including but not limited to handguns, rifles, shotguns, and any other weapon that can expel a bullet or similar projectile.

(b) Elements

To establish the offense of possession of a firearm by a convicted felon, the prosecution must prove beyond a reasonable doubt the following elements:

• That the defendant has been convicted of a felony offense;

• That the defendant knowingly possessed a firearm;

• That the defendant was not authorized or legally allowed to possess a firearm due to their status as a convicted felon.

(c) Defenses

A defendant may raise the following defenses against a charge of possession of a firearm by a convicted felon:

• Restoration of Rights: The defendant’s rights to possess a firearm have been lawfully restored, such as through a pardon, expungement, or other legal means that nullify the disqualification.

• Lack of Knowledge: The defendant did not knowingly possess the firearm, and they were unaware that they were in possession of it (e.g., the firearm was not their own, or it was found in a location where the defendant had no reasonable expectation of control).

• Possession Not Established: The prosecution cannot prove that the defendant had actual or constructive possession of the firearm, meaning they were not in control of the firearm or did not have access to it.

• Constitutional Violation: The defendant’s constitutional rights, such as due process or protections against unreasonable searches and seizures, were violated during the investigation or arrest.

(d) Aggravating Factors

The court shall impose enhanced penalties if the act of possessing a firearm by a convicted felon involves aggravating circumstances, such as:

• The defendant possessing the firearm in the commission of another crime, such as assault, robbery, or drug trafficking.

• The firearm being used in a violent or threatening manner during the offense, escalating the severity of the crime.

• The defendant having a history of violent crimes, such as prior convictions for assault, murder, or other offenses that suggest an increased risk to public safety.

• The defendant possessing a firearm that is unlawfully modified, such as a sawed-off shotgun or an automatic weapon that is not legally registered.

• The firearm being found in proximity to illegal drugs or other criminal activity, indicating the defendant’s involvement in a broader criminal enterprise.