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|related_offenses = [[Drug Trafficking|Drug Trafficking]], [[RICO Violations|RICO]], [[Federal Conspiracy|Conspiracy]]
|related_offenses = [[Drug Trafficking|Drug Trafficking]], [[RICO Violations|RICO]], [[Federal Conspiracy|Conspiracy]]
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'''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>
'''Felon in possession of a firearm''' under 18 U.S.C. § 922(g) is a federal crime that bars certain people from possessing firearms or ammunition. The statute targets convicted felons most commonly, but it's much broader than that. Domestic violence offenders, drug users, people under indictment, and several other prohibited categories also fall within its scope.<ref name="uscode-922g">18 U.S.C. § 922(g).</ref>
 
You're looking at a maximum of 15 years imprisonment. But there's more: if you have three prior convictions for violent felonies or serious drug offenses, the Armed Career Criminal Act kicks in with a mandatory 15-year minimum sentence.<ref name="uscode-924e">18 U.S.C. § 924(e).</ref>


== Prohibited Categories ==
== Prohibited Categories ==


Section 922(g) prohibits firearm possession by nine categories of persons:
Section 922(g) actually lists nine separate categories of prohibited persons:


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


The most common category by far is convicted felons (§ 922(g)(1)).
Convicted felons under § 922(g)(1)? That's by far the most common scenario.


== Elements of the Offense ==
== Elements of the Offense ==


To convict under 18 U.S.C. § 922(g)(1), the government must prove:
Prosecutors must establish three things to secure a conviction under 18 U.S.C. § 922(g)(1):


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


=== Knowledge of Status (Rehaif) ===
=== 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" />
The Supreme Court's 2019 decision in ''Rehaif v. United States'' changed the game. The Court ruled that prosecutors must prove the defendant actually knew they were prohibited, not just that they possessed a firearm. For someone with a felony conviction, it means proving they knew they'd been convicted of a crime carrying more than one year imprisonment.<ref name="rehaif" />


=== Possession ===
=== Possession ===


Possession can be:
Possession takes two forms:


* '''Actual possession''': Physical custody of the firearm
* '''Actual possession''': You're physically holding or controlling the firearm
* '''Constructive possession''': Dominion and control over the firearm (e.g., in defendant's home or vehicle)
* '''Constructive possession''': You have dominion and control over it, even if it's in your home or car


The government must prove the defendant knowingly possessed the firearm, not merely was present near it.
The critical point: the government must prove you knowingly possessed it. Simply being in the same room doesn't cut it.


=== Interstate Commerce ===
=== 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 firearm or ammunition needs to have crossed state lines at some point. Practically speaking, that's almost every gun out there. They all get manufactured, distributed, or sold across state boundaries.


== The Bruen Decision and Second Amendment Challenges ==
== 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.
The Supreme Court's 2022 decision in ''New York State Rifle & Pistol Association v. Bruen'' fundamentally altered how courts analyze gun regulations. Regulations now must align with historical traditions of firearm regulation.


=== Post-Bruen Challenges ===
=== Post-Bruen Challenges ===


Following Bruen, defendants have challenged § 922(g) as applied to various categories:
Since Bruen, defendants have mounted constitutional challenges to § 922(g) in various contexts:


* '''Nonviolent felons''': Some courts have found § 922(g) unconstitutional as applied to defendants with only nonviolent felony convictions
* '''Nonviolent felons''': Some courts have ruled § 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)
* '''Drug users''': The Fifth Circuit struck down § 922(g)(3) in ''United States v. Daniels'' (2024)
* '''Domestic violence restraining orders''': The Supreme Court upheld § 922(g)(8) in ''United States v. Rahimi'' (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>
Different circuit courts have reached different conclusions. The law's still evolving.<ref name="bruen">New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022).</ref>


== Statutory Penalties ==
== Statutory Penalties ==
Line 82: Line 83:
=== Armed Career Criminal Act ===
=== Armed Career Criminal Act ===


The Armed Career Criminal Act (18 U.S.C. § 924(e)) imposes a 15-year mandatory minimum for defendants who:
Under the Armed Career Criminal Act (18 U.S.C. § 924(e)), you're facing a mandatory 15-year minimum if you hit two conditions:


* Are convicted under § 922(g), and
* You're convicted under § 922(g), and
* Have three or more prior convictions for "violent felonies" or "serious drug offenses"
* You 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" />
What counts as a violent felony? Burglary, arson, extortion, and crimes involving explosives all qualify. So do offenses with physical force components.<ref name="uscode-924e" />


== Federal Sentencing Guidelines ==
== Federal Sentencing Guidelines ==


Felon in possession is sentenced under USSG §2K2.1.
USSG §2K2.1 governs how felon in possession cases get sentenced.


=== Base Offense Level ===
=== Base Offense Level ===


The base offense level depends on the defendant's criminal history:
Your starting point depends on your criminal history:


{| class="wikitable" style="width: 100%;"
{| class="wikitable" style="width: 100%;"
Line 112: Line 113:
=== Enhancements ===
=== Enhancements ===


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


=== Cross-Reference ===
=== 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.
If that gun was involved in another crime, the guidelines might say to sentence you under that offense's guideline instead. Whichever produces the higher level controls.


== Notable Cases ==
== Notable Cases ==
Line 128: Line 131:
=== Plaxico Burress (2009) ===
=== 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>
NFL player [[Plaxico Burress]] shot himself in the leg with an unlicensed firearm at a New York nightclub. He pleaded guilty to state charges and served two years. The case showed just how severe unlawful firearm possession consequences can be.<ref name="burress-case">Associated Press, "Plaxico Burress Released from Prison," June 6, 2011.</ref>


=== Kodak Black (2019) ===
=== 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>
Rapper [[Kodak Black]] pleaded guilty to federal firearms charges. He'd made false statements on background check forms to buy guns. His sentence was 46 months in federal prison, though President Trump later commuted it.<ref name="kodak-conviction">U.S. Department of Justice, "Kodak Black Sentenced," November 13, 2019.</ref>


=== Lil Wayne (2010) ===
=== 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>
A handgun was found on Lil Wayne's tour bus. He pleaded guilty to state firearms charges and spent 8 months in prison.<ref name="lil-wayne-case">Associated Press, "Lil Wayne Released from Jail," November 4, 2010.</ref>


== Statistics ==
== Statistics ==


According to the United States Sentencing Commission:
The United States Sentencing Commission reports these figures:


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


== Defenses ==
== Defenses ==
Line 152: Line 155:
=== No Knowledge of Status (Rehaif) ===
=== 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.
After Rehaif, you can argue you didn't know you were prohibited. This works better when the prior conviction was years ago, happened without a lawyer, or involved an unusual crime.


=== Second Amendment (Post-Bruen) ===
=== 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.
Post-Bruen, defendants challenge § 922(g) on constitutional grounds, especially for nonviolent felonies. These challenges are still developing in courts.


=== No Knowing Possession ===
=== 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.
You might argue you didn't knowingly possess the firearm. Maybe someone planted it, it belonged to another person, or you honestly didn't know it was there.


=== Restoration of Rights ===
=== 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.
Some states restore civil rights including gun rights after time passes. If your rights were restored, that prior conviction might not disqualify you.


=== Expungement ===
=== Expungement ===


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


== See also ==
== See also ==
Line 177: Line 180:
* [[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 183: Line 185:
{{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 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=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=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'd 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=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=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.}}
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Latest revision as of 17:49, 23 April 2026

Felon in Possession of a Firearm
Statute:18 U.S.C. § 922(g)
U.S. Code:Title 18, Chapter 44
Max Prison:15 years
Max Fine:$250,000
Guidelines:USSG §2K2.1
Base Level:14-26 (varies)
Agencies:ATF, FBI, U.S. Marshals
Related:Drug Trafficking, RICO, Conspiracy

Felon in possession of a firearm under 18 U.S.C. § 922(g) is a federal crime that bars certain people from possessing firearms or ammunition. The statute targets convicted felons most commonly, but it's much broader than that. Domestic violence offenders, drug users, people under indictment, and several other prohibited categories also fall within its scope.[1]

You're looking at a maximum of 15 years imprisonment. But there's more: if you have three prior convictions for violent felonies or serious drug offenses, the Armed Career Criminal Act kicks in with a mandatory 15-year minimum sentence.[2]

Prohibited Categories

Section 922(g) actually lists nine separate categories of prohibited persons:

  1. Convicted felons: Anyone convicted of a crime punishable by imprisonment for more than one year (with exceptions for business crimes)
  2. Fugitives: Persons fleeing from justice
  3. Unlawful drug users: Persons who're addicted to or unlawfully use any controlled substance
  4. Mental defectives: Those adjudicated as mentally defective or committed to mental institutions
  5. Illegal aliens: Persons unlawfully in the United States
  6. Dishonorably discharged: Military personnel discharged under dishonorable conditions
  7. Persons who renounced citizenship: Those who've renounced their U.S. citizenship
  8. Persons under restraining orders: Anyone subject to a qualifying domestic violence restraining order
  9. Domestic violence misdemeanants: Persons convicted of misdemeanor domestic violence crimes[1]

Convicted felons under § 922(g)(1)? That's by far the most common scenario.

Elements of the Offense

Prosecutors must establish three things to secure a conviction under 18 U.S.C. § 922(g)(1):

  1. Status: The defendant was prohibited from possessing firearms, such as a convicted felon
  2. Possession: The defendant knowingly possessed a firearm or ammunition
  3. Interstate Commerce Nexus: The firearm or ammunition traveled through or affected interstate commerce[3]

Knowledge of Status (Rehaif)

The Supreme Court's 2019 decision in Rehaif v. United States changed the game. The Court ruled that prosecutors must prove the defendant actually knew they were prohibited, not just that they possessed a firearm. For someone with a felony conviction, it means proving they knew they'd been convicted of a crime carrying more than one year imprisonment.[3]

Possession

Possession takes two forms:

  • Actual possession: You're physically holding or controlling the firearm
  • Constructive possession: You have dominion and control over it, even if it's in your home or car

The critical point: the government must prove you knowingly possessed it. Simply being in the same room doesn't cut it.

Interstate Commerce

The firearm or ammunition needs to have crossed state lines at some point. Practically speaking, that's almost every gun out there. They all get manufactured, distributed, or sold across state boundaries.

The Bruen Decision and Second Amendment Challenges

The Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen fundamentally altered how courts analyze gun regulations. Regulations now must align with historical traditions of firearm regulation.

Post-Bruen Challenges

Since Bruen, defendants have mounted constitutional challenges to § 922(g) in various contexts:

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

Different circuit courts have reached different conclusions. The law's still evolving.[4]

Statutory Penalties

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

Under the Armed Career Criminal Act (18 U.S.C. § 924(e)), you're facing a mandatory 15-year minimum if you hit two conditions:

  • You're convicted under § 922(g), and
  • You have three or more prior convictions for "violent felonies" or "serious drug offenses"

What counts as a violent felony? Burglary, arson, extortion, and crimes involving explosives all qualify. So do offenses with physical force components.[2]

Federal Sentencing Guidelines

USSG §2K2.1 governs how felon in possession cases get sentenced.

Base Offense Level

Your starting point depends on your criminal history:

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

The guidelines add points for specific facts:

  • +4 levels: Serial number was altered or obliterated
  • +4 levels: Semi-automatic assault weapon or large capacity magazine involved
  • +2 levels: The firearm was stolen
  • +2 levels: Three or more firearms
  • +4 levels: 8 to 24 firearms
  • +6 levels: 25 to 99 firearms
  • +8 levels: 100 or more firearms[5]

Cross-Reference

If that gun was involved in another crime, the guidelines might say to sentence you under that offense's guideline instead. Whichever produces the higher level controls.

Notable Cases

Plaxico Burress (2009)

NFL player Plaxico Burress shot himself in the leg with an unlicensed firearm at a New York nightclub. He pleaded guilty to state charges and served two years. The case showed just how severe unlawful firearm possession consequences can be.[6]

Kodak Black (2019)

Rapper Kodak Black pleaded guilty to federal firearms charges. He'd made false statements on background check forms to buy guns. His sentence was 46 months in federal prison, though President Trump later commuted it.[7]

Lil Wayne (2010)

A handgun was found on Lil Wayne's tour bus. He pleaded guilty to state firearms charges and spent 8 months in prison.[8]

Statistics

The United States Sentencing Commission reports these figures:

  • This offense ranks among the most commonly prosecuted federal crimes
  • 6,000 to 7,000 defendants get sentenced annually for § 922(g) violations
  • The median sentence runs about 46 months
  • Project Safe Neighborhoods and similar federal-state partnerships bring many cases
  • Armed Career Criminal Act cases represent a smaller but significant portion with substantially longer sentences[9]

Defenses

No Knowledge of Status (Rehaif)

After Rehaif, you can argue you didn't know you were prohibited. This works better when the prior conviction was years ago, happened without a lawyer, or involved an unusual crime.

Second Amendment (Post-Bruen)

Post-Bruen, defendants challenge § 922(g) on constitutional grounds, especially for nonviolent felonies. These challenges are still developing in courts.

No Knowing Possession

You might argue you didn't knowingly possess the firearm. Maybe someone planted it, it belonged to another person, or you honestly didn't know it was there.

Restoration of Rights

Some states restore civil rights including gun rights after time passes. If your rights were restored, that prior conviction might not disqualify you.

Expungement

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

See also

Frequently Asked Questions

Q: What is felon in possession?

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.


Q: What is the sentence for felon in possession?

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.


Q: Does the government have to prove I knew I was a felon?

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'd been convicted of a crime punishable by more than one year.


Q: Can my felon in possession charge be challenged under the Second Amendment?

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.


Q: What is the Armed Career Criminal Act?

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.


Q: If my rights were restored, can I possess firearms?

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.


References

  1. ↑ 1.0 1.1 18 U.S.C. § 922(g).
  2. ↑ 2.0 2.1 18 U.S.C. § 924(e).
  3. ↑ 3.0 3.1 Rehaif v. United States, 139 S. Ct. 2191 (2019).
  4. ↑ New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022).
  5. ↑ United States Sentencing Commission, USSG §2K2.1 (2024).
  6. ↑ Associated Press, "Plaxico Burress Released from Prison," June 6, 2011.
  7. ↑ U.S. Department of Justice, "Kodak Black Sentenced," November 13, 2019.
  8. ↑ Associated Press, "Lil Wayne Released from Jail," November 4, 2010.
  9. ↑ United States Sentencing Commission, 2023 Annual Report and Sourcebook of Federal Sentencing Statistics.


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