Can You Use a Gun in Self-Defense If You’re a Convicted Felon?

Under Georgia law, there are situations where a person can lawfully use force in self-defense. This includes using a firearm. But federal law prohibits certain persons–notably most convicted felons–from possessing a firearm. So what happens when a convicted felon uses a firearm in self-defense?

Georgia Man Convicted on Federal Charges Following Shooting

Federal courts that have looked at this question have concluded there are “extraordinary circumstances” where a person charged with being a felon in possession of a firearm can plead “justification” or “necessity” as a defense. Even when such circumstances exist, however, the defendant cannot lawfully maintain possession of the firearm after the emergency has passed.

A recent decision from the United States Court of Appeals for the 11th Circuit, United States v. Green, provides a case in point. This case involved a defendant who shot another man. The defendant and the victim were acquaintances who had dinner together on the night in question. Later, after the parties returned to the defendant’s home, there was an altercation, which ended with the defendant firing four shots at the victim.

A local sheriff’s deputy responded to a “shots fired” call at the defendant’s home. The deputy knew the address from several previous encounters with the defendant. Sometime later–about two-and-a-half hours after the shooting–the deputy answered another call of a man matching the defendant’s description sleeping on the lawn of a nearby church.

When the deputies arrived at the church, they saw the defendant was awake. The deputies also observed what appeared to be a “shiny object lying near or underneath” the defendant’s shirt. The deputies thought it could be a gun, so they commanded the defendant to stand with his hands up. When the defendant refused to comply, the deputies tasered him. The deputies then arrested and searched the defendant, which revealed a handgun.

As the defendant had a prior felony conviction, a federal grand jury indicted him for being a felon in possession of a firearm. Before the trial court, the defendant asked to submit a defense of justification to the jury. Basically, the defendant claimed he shot the victim because he “touched him on the back of the neck” first. The judge refused to allow the defense, and the trial jury found the defendant guilty.

On appeal, the 11th Circuit agreed with the trial court and held the defendant could not argue self-defense under these facts. It came down to the “hours-long delay” between the shooting and when the deputies arrested the defendant still-in-possession of the gun. Even assuming the defendant had a lawful reason to shoot the victim, it did not allow him to continue carrying the gun for another two hours. His “failure to promptly dispossess himself of the firearm” negated any claim of self-defense.

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The defendant in this case received a 10-year prison sentence. This illustrates just how serious a criminal charge involving the illegal possession or use of a firearm can be for the accused. If you are facing similar allegations and need legal advice from a qualified Atlanta gun crimes lawyer, call Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

media.ca11.uscourts.gov/opinions/unpub/files/202114425.pdf