Felon in Possession of a Firearm

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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 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.[1]

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.[2]

Prohibited Categories

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

  1. Convicted felons: Any person convicted of a crime punishable by imprisonment for more than one year (with exceptions for business crimes)
  2. Fugitives: Persons who are fugitives from justice
  3. Unlawful drug users: Persons who are unlawful users of or addicted to any controlled substance
  4. Mental defectives: Persons adjudicated as mental defectives or committed to mental institutions
  5. Illegal aliens: Persons who are illegally or unlawfully in the United States
  6. Dishonorably discharged: Persons discharged from the Armed Forces under dishonorable conditions
  7. Persons who renounced citizenship: Persons who have renounced their U.S. citizenship
  8. Persons under restraining orders: Persons subject to qualifying domestic violence restraining orders
  9. Domestic violence misdemeanants: Persons convicted of misdemeanor crimes of domestic violence[1]

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:

  1. Status: The defendant was a person prohibited from possessing firearms (e.g., a convicted felon)
  2. Possession: The defendant knowingly possessed a firearm or ammunition
  3. Interstate Commerce Nexus: The firearm or ammunition had traveled in or affected interstate commerce[3]

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.[3]

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.[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

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.[2]

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:

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[5]

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.[6]

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.[7]

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.[8]

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[9]

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


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 had 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.
Federal Offenses


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