Convicted Felon in Possession of a Firearm

In Mississippi, Convicted Felon in Possession of a Firearm is a serious felony offense governed primarily by Miss. Code Ann. § 97-37-5. Here's a breakdown of the key legal elements, penalties, and defense considerations:

To convict someone under § 97-37-5(1), the prosecution must prove:

1. The defendant has a felony conviction (state or federal).
2. The defendant knowingly possessed a firearm (actual or constructive possession).

"It shall be unlawful for any person who has been convicted of a felony under the laws of this state, any other state, or of the United States to possess any firearm or any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, or any muffler or silencer for any firearm unless such person has received a pardon for such felony, has received a relief from disability pursuant to Section 925(c) of Title 18 of the United States Code, or has received a certificate of rehabilitation pursuant to subsection (3) of this section."

As of current Mississippi law § 97-37-5(2):

"Any person violating this section shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not less than one (1) year nor more than ten (10) years, or both."