What Happens if a Felon is Found with a Stolen Gun After a Fire?

Question from dhdh, What Happens if a Felon is Found with a Stolen Gun After a Fire?

Answer from AI:

Probation and Firearm Restrictions

A person who has been convicted of a felony—such as attempted murder—and is serving a term of probation is almost always prohibited from possessing any firearm. Under federal law, 18 U.S.C. § 922(g)(1) makes it a crime for anyone “who has been convicted of a crime punishable by imprisonment for a term exceeding one year” to possess a gun. Most states have parallel statutes and also embed the prohibition in the conditions of probation. If the probation order specifically lists “no possession of firearms” (which is typical), having a gun in the home is a direct violation.

What Happens When the Gun Is Discovered

When firefighters found the gun and turned it over to the police, the authorities had two immediate questions:

1. Is the person on probation prohibited from having the gun?
2. Is the gun stolen property?

If the answer to either question is “yes,” the police can arrest the individual for:

• Probation violation – the probation officer may file a petition to revoke probation, which can result in the person being sent to jail to serve the remainder of the original sentence.
• Possession of a stolen firearm – under 18 U.S.C. § 922(a)(6) and many state statutes, knowingly possessing a stolen gun is a separate felony.

The fact that the sister registered the gun in the individual’s name does not automatically shield him. Registration is a record‑keeping requirement; it does not confer a legal right to possess the weapon when the person is a prohibited felon. If the sister knowingly helped conceal the gun, she could face charges for aiding and abetting or for filing a false statement.

Why the Police Might Have Released Him

Law‑enforcement officers have discretion in how they handle a first‑time discovery. Possible reasons for releasing the individual without immediate arrest include:

• Lack of immediate evidence of a crime – the gun may have been found in a burned house, making it difficult to determine who owned it at the time of the fire.
• Probation conditions not yet verified – officers may need to confirm the exact terms of the probation before proceeding.
• Administrative backlog – sometimes a citation or a warrant is issued later rather than an on‑scene arrest.

Even if released at the scene, the police can still file a report, and the probation officer will likely be notified. A revocation hearing can be scheduled later.

Potential Legal Outcomes

• Probation revocation – a judge may order the individual to serve the remaining 3‑year term in prison, possibly with additional time for the new firearm charge.
• New felony charge – possession of a stolen firearm can carry a sentence of several years, depending on the jurisdiction and prior criminal history.
• Sister’s liability – she could be charged with filing a false registration, aiding a felon, or other offenses related to the stolen‑firearm report.

What to Do Next

Because the consequences can be severe and the facts are fact‑specific, the person should:

1. Contact a criminal defense attorney immediately – an attorney can review the probation terms, the police report, and any pending charges.
2. Notify the probation officer – proactive communication may mitigate the perception of concealment.
3. Gather evidence – receipts, registration paperwork, and any statements from the sister can be useful in a hearing.

For the federal statutes mentioned, see the U.S. Code on firearm possession by felons on the U.S. Government Publishing Office website. State‑specific statutes can be found on each state’s legislative website or through a local legal aid organization.

Given the seriousness of a probation violation and a possible stolen‑firearm charge, professional legal counsel is essential to protect the individual’s rights and to navigate any upcoming court proceedings.