Columbia Man Gets 21 Months in Prison for Being Felon in Possession of Firearms

A man from Columbia, SC has been sentenced to 21 months in prison, with three years of supervised probation, for being a felon in possession of a firearm and ammunition.

According to the US Attorney’s Office, Columbia police officers responded to a domestic disturbance call at an apartment on March 20, 2011. They arrested Michael Rell Osborne, 44, for disorderly conduct and public drunkenness charges.

Osborne posted bail and was released, but the woman involved in the domestic dispute alerted police that evening that he had been seen in the vicinity of her residence. Officers found Osborne in the early morning hours, sitting alone in a car on River Drive with a loaded .40 caliber gun in his front pants pocket.

Because of his prior state felony convictions, Osborne is not legally allowed to be in possession of a gun. He had previously been convicted on criminal domestic violence charges, as well as two counts of burglary, second degree grand larceny, and even had a prior federal conviction for being a felon in possession of a firearm.

The case was investigated by the Columbia Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and was prosecuted as a joint effort between federal and state departments as part of the Project CeaseFire initiative.

Charges for Being a Felon in Possession of a Firearm 

If you have been convicted of a felony, you lose your constitutional right to carry a firearm

Felon in possession cases in Federal court are very serious offenses and often involve other criminal allegations. Depending upon your prior criminal history, you are likely facing severe incarceration time jeopardizing your personal and professional livelihood.

It shall be unlawful for any person-

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) who is a fugitive from justice;

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C.802));

(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

(5) who, being an alien-

(A) is illegally or unlawfully in the United States; or

(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C.1101 (a)(26)));

(6) who has been discharged from the Armed Forces under dishonorable conditions;

(7) who, having been a citizen of the United States, has renounced his citizenship;

(8) who is subject to a court order that-

(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(C)

(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(9) who has been convicted in any court of a misdemeanor crime of domestic violence,

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

The Strom Law Firm Can Help with Charges for Being a Felon in Possession of a Firearm

If you or a loved one are facing a felon in possession charge, contact the criminal defense attorneys at the Strom Law Firm, LLC today for a free consultation to discuss the best defense for your case.  Our attorneys have experience with both state and federal criminal charges, so do not hesitate to contact us. 803.252.4800