2.221 — POSSESSION OF A FIREARM WHILE LICENSE IS REVOKED

Violations of "Statute 2.221" results in a Class D Felony

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(a) Definitions

"Revoked License" refers to a firearms license that has been permanently rescinded by lawful authority due to criminal conviction, mental health adjudication, or other disqualifying condition. Once revoked, the individual may no longer legally possess firearms under any circumstances requiring licensure.

(b) Elements

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

• The defendant knowingly possessed a firearm.

• The defendant’s firearms license had been officially and permanently revoked.

• The defendant had knowledge of the revocation or acted with reckless disregard for their ineligibility to possess a firearm.

(c) Defenses

A defendant may raise the following defenses:

• No Notification: The defendant did not receive proper legal notification of the revocation.

• Lawful Possession: The firearm was inherited or located in a setting where the individual was not exercising control or ownership.

• Procedural Irregularity: The revocation process was legally deficient or pending appeal.

• Co-Possession: The firearm was owned by another lawful party and not under the defendant's dominion or control.

(d) Aggravating Factors

Enhanced sentencing may apply if:

• The original revocation was based on a violent or weapons-related felony.

• The firearm was used, brandished, or transported in furtherance of another crime.

• The defendant was found in possession of multiple firearms or high-capacity magazines.

• The offense occurred near children, schools, or other sensitive locations.