2.220 — POSSESSION OF A FIREARM WHILE LICENSE IS SUSPENDED

Violations of "Statute 2.220" results in a Class A Misdemeanor

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(a) Definitions

"Suspended License" refers to a firearms license that has been temporarily rendered invalid through lawful administrative or judicial action. Suspension may result from issues such as failure to renew, administrative non-compliance, or pending investigation into disqualifying conduct.

(b) Elements

To establish this offense, the prosecution must prove beyond a reasonable doubt:

• The defendant knowingly possessed a firearm.

• The defendant’s firearms license was officially suspended at the time of possession.

• The defendant knew or reasonably should have known that the license was suspended and that they were not legally authorized to possess the firearm.

(c) Defenses

A defendant may raise the following defenses:

• Inadequate Notice: The defendant was not properly informed of the suspension and acted under the belief the license was still valid.

• Lawful Storage: The firearm was lawfully stored and not actively carried or used.

• Procedural Error: The suspension was incorrectly recorded, and the license was in fact valid at the time.

• Statutory Exemption: The defendant was in a location (e.g., private residence) where license status is not a prerequisite for legal possession.

(d) Aggravating Factors

The court may impose enhanced penalties if:

• The license was suspended due to a prior firearms-related or violent offense.

• The possession occurred in a location with increased risk to public safety (e.g., schools, government buildings).

• The defendant has a documented history of noncompliance with firearms regulations.

• The firearm was concealed, loaded, or transported in a reckless or negligent manner.