Mississippi Criminal and Family Law BlogMost people are aware that if you commit a felony in Mississippi, you will lose your gun rights. However, there are a number of additional offenses that can also take away your right to bear arms – including certain misdemeanors. In addition, federal felonies that you may not even be aware of can prohibit you from purchasing or owning a firearm. Fortunately, it may be possible to regain your firearms rights under certain circumstances.
Any Felony in Mississippi Can Affect Second Amendment Rights
Any felony conviction will prevent you from owning, purchasing, or using firearms and ammunition in Mississippi. Examples of common felonies in Mississippi include:
- Robbery
- Aggravated assault
- Theft
- Burglary
- Arson
- Child Abuse
- Kidnapping
- Larceny
- Drug crimes
- Manslaughter
- Homicide
If you have been convicted of any of these crimes (or any other felony), you will likely struggle with a lifelong firearms ban. Note that if you have been charged with these offenses but have not yet been convicted, it may be possible to avoid this fate alongside a qualified criminal defense lawyer in Mississippi.
There are various methods that can help you avoid a felony-related firearms ban in Mississippi. The most obvious approach is to simply push for an acquittal. A criminal defense attorney can push back against your charges, question the evidence laid against you, and establish that the burden of proof has not been satisfied. Another strategy might involve negotiating a plea deal. In some cases, it may be possible to have a felony charge lowered to a misdemeanor offense. Although you must still plead guilty, a misdemeanor charge will generally allow you to keep your gun rights.
Even if you are convicted of a felony, it may still be possible to restore your gun rights. One option is to obtain a certificate of rehabilitation. It is also possible to expunge certain felonies, and this may make obtaining a certificate of rehabilitation easier. Speak with your lawyer for more information about this strategy.
Domestic Violence Misdemeanors Can Take Away Your Gun Rights
Many Mississippi residents are unaware that it is possible to have your firearms rights taken away even if you commit a misdemeanor. Specifically, federal law states that you will lose your firearms if you commit a “misdemeanor crime of domestic violence.”
It is important to clearly define the term “domestic violence” in this context. Many Mississippi residents may not be aware that it is technically possible to face domestic violence charges in the Magnolia State, even if you never actually touch another person. Simply “attempting” to cause bodily injury to someone in your household can be enough to face charges. For example, you might raise your fist at your spouse before tripping and falling flat on your face. This may still be considered an attempt to cause bodily harm.
Another example of domestic violence without physical harm involves uttering threats. As long as your behavior makes someone in your household afraid for their safety, you could be charged with domestic violence as a result.
The obvious strategy here is to avoid a domestic violence conviction at all costs. The stakes are much higher due to new federal gun laws targeted at domestic violence convicts – even for misdemeanors. This highlights the need for effective legal representation.
Federal Felonies Also Affect Your Second Amendment Rights
There are many federal crimes that can affect your gun rights as well, and you may not have heard of some of these offenses. Examples include:
- Mail fraud
- Advocating the overthrow of the government
- Credit card fraud
- Identity theft
- Animal cruelty
- RICO offenses
- Federal hate crimes
- Computer crimes
- Rebellion or insurrection
Penalties for Possessing a Firearm as a Felon in Mississippi
Possessing a firearm as a felon in Mississippi is a serious offense. If convicted, you face up to 10 years in prison and a fine of up to $5,000.
Find a Qualified Criminal Defense Attorney in Mississippi
If you have been searching for an experienced criminal defense attorney in Mississippi, look no further than Vic Carmody Jr., P.A. We know that gun prohibitions can often become quite complex – especially when you take into account specific misdemeanors and obscure federal offenses. If you already face charges for obtaining or owning a firearm as a felon, an effective defense strategy is very important. Schedule your free consultation today to get started.