The first issue is deciding whether the item possessed is a firearm. Where the offense is committed (not necessarily where the gun was acquired) will determine what a firearm is, as state and federal interpretations can vary. When most people hear of felon in possession of a firearm charges, they envision a defendant possessing a usable weapon like a handgun or a rifle, and many states follow this traditional application. However, some states have an even broader definition for firearms. Hawaii and the federal government, for example, will also charge a defendant for possessing ammunition.

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