Possession of a firearm by a convicted felon is punishable by up to 15 years in prison, up to 15 years of probation, and up to $10,000 in fines. Federal Law, 18 U.S.C. 922(g) and (n), sets minimum requirements which exclude certain groups of people from legally possessing a firearm. Including any person who meets one of the following criteria:
- Has been committed to a mental institution or has been adjudicated as having a mental defect;
- Is addicted to any controlled substance or is an unlawful user of any controlled substance;
- Is unlawfully in the United States, is an illegal alien, or is an alien that entered the country with a non-immigrant visa;
- Has renounced his United States citizenship;
- Has been convicted of felony which is defined as any crime which provides for a possible punishment of imprisonment for a term exceeding one year;
- Is the subject of a court order that restrains the person from threatening, harassing, or stalking an intimate or domestic partner, former partner, or child of such partner;
- Has been convicted of any misdemeanor crime of domestic violence, including domestic battery or domestic assault;
- Is a fugitive from justice in any jurisdiction;
- Has been dishonorably discharged from the Armed Forces; or
- Cannot lawfully transport, ship, receive or possess a firearm.
Under the Child Access Prevention Law, any gun owner can be prosecuted for not securing a firearm or other weapon in a location that is not readily accessible to children under 16 years of age. If a child under the age of 16 comes into possession of the firearm, the gun owner can be charged with a separate criminal offense for not properly securing the firearm.