Orderly: Humanization pass: prose rewrite for readability

2026-04-23T17:49:21Z

Humanization pass: prose rewrite for readability

Orderly: Remove internal markers (HTML comments / script blocks)

2026-04-21T16:10:11Z

Remove internal markers (HTML comments / script blocks)

← Older revision		Revision as of 16:10, 21 April 2026
Line 177:		Line 177:
	* [[Federal Sentencing Guidelines and Offense Enhancements\|Federal Sentencing Guidelines and Offense Enhancements]]		* [[Federal Sentencing Guidelines and Offense Enhancements\|Federal Sentencing Guidelines and Offense Enhancements]]
	* [[Kodak Black\|Kodak Black]]		* [[Kodak Black\|Kodak Black]]


	== Frequently Asked Questions ==		== Frequently Asked Questions ==
Line 208:		Line 207:

	<html>		<html>
	~~<script type="application/ld+json">~~
	{
	~~"@context": "https://schema.org",~~
	~~"@type": "Article",~~
	~~"name": "Felon in Possession of a Firearm",~~
	~~"description": "Learn about Felon in Possession of a Firearm in the federal criminal justice system on Prisonpedia.",~~
	~~"publisher": {~~
	~~"@type": "Organization",~~
	~~"name": "Prisonpedia"~~
	}
	}
	~~</script>~~
	</html>		</html>

Warden: Added schema markup

2025-12-11T15:19:33Z

Added schema markup

← Older revision		Revision as of 15:19, 11 December 2025
Line 206:		Line 206:
	\|locale=en_US		\|locale=en_US
	}}		}}

			<html>
			<script type="application/ld+json">
			{
			"@context": "https://schema.org",
			"@type": "Article",
			"name": "Felon in Possession of a Firearm",
			"description": "Learn about Felon in Possession of a Firearm in the federal criminal justice system on Prisonpedia.",
			"publisher": {
			"@type": "Organization",
			"name": "Prisonpedia"
			}
			}
			</script>
			</html>

Warden: SEO adjustments

2025-12-07T21:20:41Z

SEO adjustments

← Older revision		Revision as of 21:20, 7 December 2025
Line 1:		Line 1:
	~~<!-- META_DESCRIPTION: Comprehensive guide to federal felon in possession charges under 18 U.S.C. § 922(g). Learn about elements, sentencing guidelines, and notable cases. -->~~
	{{Infobox federal offense		{{Infobox federal offense
	\|name = Felon in Possession of a Firearm		\|name = Felon in Possession of a Firearm
Line 195:		Line 194:

	{{Federal Offenses}}		{{Federal Offenses}}

			{{MetaDescription\|Comprehensive guide to federal felon in possession charges under 18 U.S.C. § 922(g). Learn about elements, sentencing guidelines, and notable cases.}}

	{{#seo:		{{#seo:
	\|title_mode=append		\|title_mode=append

Warden: Enhance SEO: add keywords, type=article

2025-12-04T16:58:54Z

Enhance SEO: add keywords, type=article

← Older revision		Revision as of 16:58, 4 December 2025
Line 195:		Line 195:

	{{Federal Offenses}}		{{Federal Offenses}}
			{{#seo:
	~~[[Category:Federal Offenses]]~~{{~~MetaDescription~~\|Federal felon in possession charges under 18 U.S.C. § 922(g). Learn about elements, penalties up to 10 years, and prohibited persons.}}		\|title_mode=append
			\|title_separator= - Prisonpedia
			\|description=Federal felon in possession charges under 18 U.S.C. § 922(g). Learn about elements, penalties up to 10 years, and prohibited persons.
			\|keywords=felon in possession, 922g, firearms, prohibited person, gun charges
			\|type=article
			\|site_name=Prisonpedia
			\|locale=en_US
			}}

Warden: Add WikiSEO meta description

2025-12-04T15:25:56Z

Add WikiSEO meta description

← Older revision		Revision as of 15:25, 4 December 2025
Line 196:		Line 196:
	{{Federal Offenses}}		{{Federal Offenses}}

	[[Category:Federal Offenses]]		[[Category:Federal Offenses]]{{MetaDescription\|Federal felon in possession charges under 18 U.S.C. § 922(g). Learn about elements, penalties up to 10 years, and prohibited persons.}}

Maintenance script: Create comprehensive felon in possession federal offense page

2025-12-02T05:30:34Z

Create comprehensive felon in possession federal offense page

New page

{{Infobox federal offense
|name = Felon in Possession of a Firearm
|statute = 18 U.S.C. § 922(g)
|title = Title 18, Chapter 44
|max_imprisonment = 15 years
|max_fine = $250,000
|guidelines_section = USSG §2K2.1
|base_offense_level = 14-26 (varies)
|agencies = ATF, FBI, U.S. Marshals
|related_offenses = [[Drug Trafficking|Drug Trafficking]], [[RICO Violations|RICO]], [[Federal Conspiracy|Conspiracy]]
}}
'''Felon in possession of a firearm''' under 18 U.S.C. § 922(g) is a federal crime prohibiting certain categories of persons from possessing firearms or ammunition. The most common application targets convicted felons, but the statute also covers domestic violence offenders, drug users, persons under indictment, and other prohibited categories.<ref name="uscode-922g">18 U.S.C. § 922(g).</ref>

The offense carries a maximum sentence of 15 years imprisonment, though the Armed Career Criminal Act imposes a 15-year mandatory minimum for defendants with three prior convictions for violent felonies or serious drug offenses.<ref name="uscode-924e">18 U.S.C. § 924(e).</ref>

== Prohibited Categories ==

Section 922(g) prohibits firearm possession by nine categories of persons:

# '''Convicted felons''': Any person convicted of a crime punishable by imprisonment for more than one year (with exceptions for business crimes)
# '''Fugitives''': Persons who are fugitives from justice
# '''Unlawful drug users''': Persons who are unlawful users of or addicted to any controlled substance
# '''Mental defectives''': Persons adjudicated as mental defectives or committed to mental institutions
# '''Illegal aliens''': Persons who are illegally or unlawfully in the United States
# '''Dishonorably discharged''': Persons discharged from the Armed Forces under dishonorable conditions
# '''Persons who renounced citizenship''': Persons who have renounced their U.S. citizenship
# '''Persons under restraining orders''': Persons subject to qualifying domestic violence restraining orders
# '''Domestic violence misdemeanants''': Persons convicted of misdemeanor crimes of domestic violence<ref name="uscode-922g" />

The most common category by far is convicted felons (§ 922(g)(1)).

== Elements of the Offense ==

To convict under 18 U.S.C. § 922(g)(1), the government must prove:

# '''Status''': The defendant was a person prohibited from possessing firearms (e.g., a convicted felon)
# '''Possession''': The defendant knowingly possessed a firearm or ammunition
# '''Interstate Commerce Nexus''': The firearm or ammunition had traveled in or affected interstate commerce<ref name="rehaif">Rehaif v. United States, 139 S. Ct. 2191 (2019).</ref>

=== Knowledge of Status (Rehaif) ===

In ''Rehaif v. United States'' (2019), the Supreme Court held that the government must prove the defendant knew of their prohibited status—not just that they possessed a firearm. For convicted felons, this means proving the defendant knew they had been convicted of a crime punishable by more than one year imprisonment.<ref name="rehaif" />

=== Possession ===

Possession can be:

* '''Actual possession''': Physical custody of the firearm
* '''Constructive possession''': Dominion and control over the firearm (e.g., in defendant's home or vehicle)

The government must prove the defendant knowingly possessed the firearm, not merely was present near it.

=== Interstate Commerce ===

The firearm or ammunition must have traveled in interstate commerce at some point. This element is typically easy to prove, as virtually all firearms have crossed state lines during manufacture, distribution, or sale.

== The Bruen Decision and Second Amendment Challenges ==

The Supreme Court's 2022 decision in ''New York State Rifle & Pistol Association v. Bruen'' fundamentally changed Second Amendment analysis. The Court held that gun regulations must be consistent with the historical tradition of firearm regulation.

=== Post-Bruen Challenges ===

Following Bruen, defendants have challenged § 922(g) as applied to various categories:

* '''Nonviolent felons''': Some courts have found § 922(g) unconstitutional as applied to defendants with only nonviolent felony convictions
* '''Drug users''': The Fifth Circuit found § 922(g)(3) unconstitutional in ''United States v. Daniels'' (2024)
* '''Domestic violence restraining orders''': The Supreme Court upheld § 922(g)(8) in ''United States v. Rahimi'' (2024)

The constitutionality of felon-in-possession laws continues to be litigated, with circuit courts reaching different conclusions.<ref name="bruen">New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022).</ref>

== Statutory Penalties ==

{| class="wikitable" style="width: 100%;"
|-
! Category !! Maximum/Minimum Imprisonment !! Maximum Fine
|-
| Standard § 922(g) || Up to 15 years || $250,000
|-
| Armed Career Criminal (ACCA) || 15 years minimum, up to life || $250,000
|}

=== Armed Career Criminal Act ===

The Armed Career Criminal Act (18 U.S.C. § 924(e)) imposes a 15-year mandatory minimum for defendants who:

* Are convicted under § 922(g), and
* Have three or more prior convictions for "violent felonies" or "serious drug offenses"

Qualifying violent felonies include burglary, arson, extortion, or offenses involving the use of explosives, as well as crimes with elements of physical force.<ref name="uscode-924e" />

== Federal Sentencing Guidelines ==

Felon in possession is sentenced under USSG §2K2.1.

=== Base Offense Level ===

The base offense level depends on the defendant's criminal history:

{| class="wikitable" style="width: 100%;"
|-
! Prior Convictions !! Base Offense Level
|-
| Two or more prior violent felonies or controlled substance offenses || 24
|-
| One prior felony crime of violence or controlled substance offense || 20
|-
| Prior felony conviction || 14
|-
| No prior felony convictions (e.g., § 922(g)(3) drug user) || 14
|}

=== Enhancements ===

* '''+4 levels''': Possession of firearm with altered or obliterated serial number
* '''+4 levels''': Possession of semi-automatic assault weapon or large capacity magazine
* '''+2 levels''': Firearm was stolen
* '''+2 levels''': Three or more firearms
* '''+4 levels''': 8-24 firearms
* '''+6 levels''': 25-99 firearms
* '''+8 levels''': 100 or more firearms<ref name="ussg-2k2">United States Sentencing Commission, USSG §2K2.1 (2024).</ref>

=== Cross-Reference ===

If the firearm was possessed in connection with another offense, the guidelines may direct sentencing under that offense's guideline if it produces a higher offense level.

== Notable Cases ==

=== Plaxico Burress (2009) ===

NFL player [[Plaxico Burress]] accidentally shot himself in the leg with an unlicensed firearm at a New York nightclub. He pleaded guilty to state charges (New York law) and served two years in prison. His case highlighted the severe consequences of unlawful firearm possession.<ref name="burress-case">Associated Press, "Plaxico Burress Released from Prison," June 6, 2011.</ref>

=== Kodak Black (2019) ===

Rapper [[Kodak Black]] pleaded guilty to federal firearms charges after making false statements on background check forms to purchase firearms. He was sentenced to 46 months in federal prison before receiving a commutation from President Trump.<ref name="kodak-conviction">U.S. Department of Justice, "Kodak Black Sentenced," November 13, 2019.</ref>

=== Lil Wayne (2010) ===

Rapper Lil Wayne pleaded guilty to state firearms charges after a handgun was found on his tour bus. He served 8 months in prison on the state charges.<ref name="lil-wayne-case">Associated Press, "Lil Wayne Released from Jail," November 4, 2010.</ref>

== Statistics ==

According to the United States Sentencing Commission:

* Felon in possession is among the most commonly prosecuted federal offenses
* Approximately 6,000-7,000 defendants are sentenced annually for § 922(g) offenses
* The median sentence is approximately 46 months
* Many cases are brought through Project Safe Neighborhoods and similar federal-state partnerships
* Armed Career Criminal Act cases represent a small but significant subset with much longer sentences<ref name="ussc-stats">United States Sentencing Commission, 2023 Annual Report and Sourcebook of Federal Sentencing Statistics.</ref>

== Defenses ==

=== No Knowledge of Status (Rehaif) ===

Following Rehaif, the defendant may argue they did not know they were prohibited. This is most viable when the prior conviction was distant, resulted from a plea without counsel, or involved an unusual offense.

=== Second Amendment (Post-Bruen) ===

Defendants may challenge § 922(g) as unconstitutional under the Second Amendment, particularly for nonviolent felonies. These challenges continue to develop in the courts.

=== No Knowing Possession ===

The defendant may argue they did not knowingly possess the firearm—that it was planted, belonged to someone else, or they were unaware of its presence.

=== Restoration of Rights ===

Some states restore civil rights including firearm rights after a period of time. If rights were restored, the prior conviction may not qualify as disabling.

=== Expungement ===

If the prior conviction has been expunged, set aside, or pardoned, it may not count as a disabling conviction.

== See also ==

* [[Drug Trafficking|Drug Trafficking]]
* [[Federal Conspiracy|Conspiracy]]
* [[RICO Violations|RICO]]
* [[Federal Sentencing Guidelines and Offense Enhancements|Federal Sentencing Guidelines and Offense Enhancements]]
* [[Kodak Black|Kodak Black]]

== Frequently Asked Questions ==
{{FAQSection/Start}}
{{FAQ|question=What is felon in possession?|answer=Felon in possession (18 U.S.C. § 922(g)(1)) is a federal crime prohibiting convicted felons from possessing firearms or ammunition. A "felon" for this purpose is anyone convicted of a crime punishable by more than one year imprisonment.}}
{{FAQ|question=What is the sentence for felon in possession?|answer=The maximum sentence is 15 years. However, defendants with three or more prior violent felonies or serious drug offenses face a 15-year mandatory minimum under the Armed Career Criminal Act. Actual sentences depend on criminal history and guidelines calculations.}}
{{FAQ|question=Does the government have to prove I knew I was a felon?|answer=Yes. After the Supreme Court's 2019 Rehaif decision, the government must prove you knew you were a prohibited person. For felons, this means proving you knew you had been convicted of a crime punishable by more than one year.}}
{{FAQ|question=Can my felon in possession charge be challenged under the Second Amendment?|answer=Possibly. After the Supreme Court's 2022 Bruen decision, courts are evaluating whether § 922(g) is constitutional as applied to various categories, particularly nonviolent felons. Results vary by circuit, and the law is evolving.}}
{{FAQ|question=What is the Armed Career Criminal Act?|answer=The ACCA imposes a 15-year mandatory minimum for defendants convicted under § 922(g) who have three or more prior convictions for violent felonies or serious drug offenses. This dramatically increases sentences for repeat violent offenders.}}
{{FAQ|question=If my rights were restored, can I possess firearms?|answer=It depends. If a state has restored your civil rights including firearm rights, or if your conviction was expunged or pardoned, you may not be prohibited under federal law. However, the analysis is complex and you should consult an attorney.}}
{{FAQSection/End}}

== References ==

<references />

{{Federal Offenses}}

[[Category:Federal Offenses]]