Description: Little Rock, Arkansas criminal defense lawyer represented the Defendant charged with being a felon in possession of a firearm.

Dontarious Marquette Henderson, 28, was indicted on September 8, 2022, on one count of being a felon in possession of a firearm. He faced a maximum sentence of 10 years’ imprisonment. There is no parole in the federal system.

On November 11, 2021, the Arkansas State Police attempted to conduct a traffic stop when Henderson failed to stop, activated his hazard lights, and ran through a red light, nearly striking a vehicle. The pursuit continued at speeds up to 90 miles per hour through the streets of Little Rock, Arkansas, when Henderson struck another person’s vehicle. Henderson pulled a backpack out of the vehicle and began to flee on foot. He was taken into custody and during a search, Troopers located a Ruger handgun magazine containing 17 rounds in Henderson's front pocket. A Ruger P89 pistol with an extended magazine inserted on the front seat passenger floorboard was also discovered in Henderson’s vehicle.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Arkansas State Police.

"In the United States, carrying or possessing a firearm as a convicted felon is a serious crime subject to federal law. This offense, known as felony possession of a firearm, is governed by 18 U.S.C. § 922(g) and carries significant penalties.

Key Elements of the Law:

Prohibited Persons: This law applies to individuals convicted of felonies punishable by imprisonment for more than one year. This includes a wide range of offenses, such as violent crimes, drug trafficking, and certain white-collar crimes.
Prohibited Acts: The law prohibits convicted felons from shipping, transporting, receiving, or possessing firearms or ammunition. This includes purchasing, borrowing, inheriting, or even having a firearm within their reach.
Penalties: Violation of this law is a felony punishable by up to 10 years in prison and a fine of up to $250,000. The potential sentence can be significantly increased in certain cases, such as:
Enhanced Penalties: If the firearm is a machine gun, sawed-off shotgun, or silencer, the maximum sentence can increase to 30 years.
Prior Convictions: Individuals with prior convictions for felony firearm possession face even harsher penalties, including mandatory minimum sentences of 15 years.
Violent Crime Cases: If the firearm is used or possessed during a violent crime, the sentence can be increased to life imprisonment.

Understanding the Rationale:

Federal law prohibits felons from possessing firearms for several reasons:

Public Safety: Felons are statistically more likely to commit future crimes, and access to firearms poses a significant threat to public safety.
Deterrence: The harsh penalties aim to deter individuals with criminal histories from obtaining firearms.
Fairness: This law promotes equal application of justice by ensuring that individuals convicted of serious crimes face consequences for possessing firearms.

Exceptions and Important Points:

State Laws: This federal law coexists with state laws regulating firearms possession. In some cases, state laws may be stricter than federal law.
Restoration of Rights: In some circumstances, convicted felons may have their firearm rights restored through a legal process.
Self-Defense: The law generally does not allow felons to possess firearms for self-defense purposes.

Seeking Legal Guidance:

If you have questions about federal felony possession of firearms law or believe you may be facing charges, it is crucial to consult with an experienced criminal defense attorney. They can advise you on your rights, potential defenses, and the legal process involved in such cases.

Conclusion:

Federal felony possession of firearms law is a serious matter with significant consequences. Understanding the law's scope, penalties, and rationale is crucial for individuals with criminal histories and anyone concerned about firearm safety. Remember, always consult with a qualified legal professional for specific legal advice related to this complex area of law.

Additional Resources:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): https://www.atf.gov/
National Rifle Association (NRA): https://home.nra.org/
American Civil Liberties Union (ACLU): https://www.aclu.org/"

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Outcome: Defendant was sentenced to 70 months imprisonment; 3 years supervised release; $100 special assessment fee.

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Defendant's Experts:

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