Possession of a Firearm for an Unlawful Purpose: What You Need to Know

Firearm laws vary widely across the United States, with some states having more restrictive regulations than others. However, most states have laws prohibiting the possession of a firearm for an unlawful purpose. This offense is taken very seriously by law enforcement and prosecutors, so it’s important to understand what constitutes unlawful possession of a firearm.

What Does “Unlawful Purpose” Mean?

Simply having possession of a firearm does not necessarily mean possession is unlawful. The key is the intent or purpose behind possessing the weapon. If the firearm is possessed with the intent to use it to commit a crime or to intimidate/harm others, then possession is considered unlawful.

Some examples of unlawful intent include:

• Possessing a firearm with the intent to commit robbery, assault, murder, etc.
• Carrying a concealed weapon without a permit with intent to harm others if needed
• Possessing a firearm after being convicted of a felony (prohibited person)
• Possessing a firearm with obliterated serial numbers (illegal firearm)

So if you have a firearm for hunting, target practice, or self-defense in your home, as long as you follow applicable laws, possession is lawful. But if you are carrying a firearm with you to use while committing a crime, that’s considered unlawful possession.

Penalties for Unlawful Possession

Penalties vary by state but are generally felony charges. In Florida for example, unlawful possession of a firearm is a 2nd degree felony punishable by up to 15 years in prison and a $10,000 fine[1]. In Texas, it is a 3rd degree felony with 2-10 years prison time[2].

Sentencing depends on the specifics of the case and the defendant’s criminal history. Prosecutors will argue for harsher sentences if the circumstances are particularly dangerous, like possessing a firearm in a school zone or if shots were fired.

Proving Unlawful Intent

Since simply having possession of a firearm is not necessarily illegal, prosecutors have to prove unlawful intent to secure a conviction. Some ways they can establish intent include:

• The defendant’s statements about planned use of the firearm.
• Witness testimony about the circumstances.
• The firearm was loaded and/or recently fired.
• The defendant was en route to commit a crime with the firearm.
• The defendant illegally concealed the firearm.
• The defendant’s criminal history, gang affiliations, etc.

If the circumstances do not clearly point to criminal intent, the charges may be dismissed or reduced. An experienced criminal defense attorney can argue there is insufficient evidence of unlawful intent.

Common Defenses

Some potential defenses to unlawful possession charges include:

• Lack of knowledge – Defendant was unaware the firearm was present or did not knowingly possess it. For example, it was left in their car by someone else.
• Duress – Defendant only possessed the firearm due to threats of immediate harm if they did not comply. However, this is a very limited defense.
• Second Amendment rights – Right to possess firearm in public for self-defense, if state laws allow for it. Does not apply to felons or in restricted areas.
• Temporary lawful possession – Possession was excusable and only for as long as needed to dispose of the firearm safely. For example, taking a found firearm to authorities.
• Invalid search – Police performed an illegal search to uncover the firearm, violating 4th Amendment rights. Evidence may be suppressed.

An experienced criminal defense lawyer can assess the available defenses and build the strongest case possible to fight the charges.

What to Do If Charged

If you are charged with unlawful possession of a firearm, take it very seriously and contact a criminal defense attorney immediately. Never attempt to talk to police or prosecutors without your lawyer present. Your statements could be used against you.

Be proactive in working with your attorney to present counter evidence and witnesses showing lawful intent for possession of the weapon. Testifying on your own behalf may also help demonstrate innocence, but should be carefully considered.

While penalties are severe if convicted, a skilled lawyer can frequently get charges reduced or dismissed when unlawful intent cannot be conclusively proven. But it takes an aggressive defense, so don’t delay in seeking legal help. Possessing a firearm unlawfully is a serious crime that must be handled properly from day one.