Description: Charleston, West Virginia criminal defense lawyer represented the Defendant charged with being a prohibited person in possession of a firearm.

On February 18, 2022, James Gould, age 48, of Ravenswood, West Virginia, possessed a Remington 11-87 12-gauge shotgun at his residence.

Federal law prohibits a prohibited person from possessing a firearm or ammunition. Gould was prohibited from possessing a firearm after having been involuntarily committed in Jackson County to a mental health facility on or about July 30, 2019.

Gould is scheduled to be sentenced on January 25, 2024, and faces a maximum penalty of 10 years in prison, three years of supervised release, and a $250,000 fine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Jackson County Sheriff’s Office.

Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Timothy D. Boggess is prosecuting the case.

The penalty for being a felon in possession of a firearm is up to 120 months in prison.

The unlawful transport of firearms is a serious offense that can result in significant penalties. In the United States, it is illegal to transport firearms across state lines without a federal firearms license (FFL). There are also restrictions on transporting firearms within the same state, such as restrictions on carrying firearms in certain public places.

The specific laws governing the transport of firearms vary from state to state, so it is important to consult the laws of the states you will be traveling through before transporting firearms. In general, however, the following rules apply:

Firearms must be unloaded and kept in a locked container or case when being transported.
Ammunition must be stored separately from the firearms.
Firearms cannot be transported in the passenger compartment of a vehicle.
Firearms cannot be transported by public transportation.

Violations of the laws governing the transport of firearms can result in criminal charges, including fines and imprisonment. In some cases, individuals may also lose their right to possess firearms.

Here are some examples of unlawful transport of firearms:

Transporting a firearm across state lines without an FFL.
Transporting a firearm in a vehicle without keeping it unloaded and in a locked container or case.
Transporting a firearm with ammunition stored in the same container or case.
Transporting a firearm in the passenger compartment of a vehicle.
Transporting a firearm by public transportation.

If you are unsure about whether it is lawful to transport a firearm in a particular situation, it is always best to err on the side of caution and consult with an attorney or law enforcement agency.

Outcome: Defendant elected to plead guilty.

Plaintiff's Experts:

Defendant's Experts:

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