Felon with a Firearm Law - Title 18 U.S. Code § 922g

Numerous states have laws that limit or revoke gun ownership and possession rights for individuals convicted of felonies.

However, the federal criminal code similarly and more broadly restricts firearm possession for convicted felons and other individuals at the federal level. This is often called the "felon with a firearm" or "felon in possession of a firearm" law, as defined under Title 18 U.S.C. § 922 (g). It's crucial to understand the broad scope of this law to ensure compliance.

Violating this law is considered a felony, and the consequences are severe. A conviction could result in up to 10 years in federal prison or longer if certain sentencing enhancements apply. This underscores the importance of understanding and adhering to federal firearm laws.

18 U.S.C. 922g says, "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…. 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."

Key Highlights About This Law

  • Possession means having control, not ownership. It doesn't matter if the weapon is registered in your name; what matters is whether you have access to it.
  • The law applies if the weapon is under your immediate control, such as on your person, or under your constructive control, like in your car, home, or a locked storage. Understanding this concept is key to avoiding unintentional violations of the law.
  • You don't need a sentence longer than a year in jail to be barred from possessing a firearm. Under U.S.C. 922g, a conviction for any crime punishable by more than a year's imprisonment is sufficient. Therefore, if you are convicted of a crime with a 2-year sentence, even if that sentence is suspended or replaced with probation, you are still classified as a convicted felon under federal law.

What Does "Possession" Mean?

"Possession" differs from ownership. It can also be constructive, meaning a person may possess firearms at home, in a vehicle, or at their workplace.

In simple terms, a felon does not need to be physically present when the firearms are found. If law enforcement can demonstrate that they have access to and control over a firearm, the individual can be convicted under this federal law.

Additionally, possession does not need to be exclusive. Legally, several individuals can share possession of the same firearm. For instance, it is typical for all passengers in a vehicle to be charged with possession of a firearm. We will examine this federal law more closely below.

Who Is Forbidden from Possessing a Firearm?

Although 18 U.S.C. 922g mainly targets restricting gun possession by convicted felons, these limitations also apply to many other individuals beyond those with felony convictions.

This federal restriction specifically pertains to gun possession or transport that influences "interstate or foreign commerce," including crossing state or national borders.

If felony gun possession occurs within a state—meaning the person neither ships nor receives the firearm from out-of-state nor crosses state lines with the weapon—then the state's laws will govern, and it will not be regarded as a federal crime.

According to 18 U.S.C. 922g, federal law prohibits the following individuals from owning firearms:

  • Anyone convicted in any court of a crime with over a one-year prison sentence is affected. This is the origin of 'felon with a firearm,' as most felonies carry a sentence of at least 1 year. The law also applies if convicted of a misdemeanor punishable by over one year in jail.
  • Anyone who is a fugitive from justice, meaning they have fled to avoid prosecution or to avoid giving testimony.
  • Drug addicts are individuals who illegally use and are addicted to controlled substances.
  • Anyone labeled as "mentally defective" (mentally ill) and admitted to a mental institution.
  • Aliens refer to undocumented and non-permanent residents who are legally present in the country. This excludes aliens with green cards.
  • Anyone who has given up their U.S. citizenship.
  • Members of the military who have been dishonorably discharged.
  • Anyone subject to a domestic violence restraining order.
  • Anyone convicted of a domestic violence crime by any court.

What Are the Relevant Federal Laws?

Chapter 44 of 18 U.S. Code Firearms includes various federal statutes connected to 18 U.S. Code 922, which covers unlawful acts, such as the following:

  • 18 U.S.C. 921 - Definitions;
  • 18 U.S.C. 923 - Licensing;
  • 18 U.S.C. 924 - Penalties;
  • 18 U.S.C. 925 - Exceptions: Relief from disabilities;
  • 18 U.S.C. 925A - Remedy for erroneous denial of a firearm;
  • 18 U.S.C. 925B - Reporting of background check denials;
  • 18 U.S.C. 925C - Annual report to Congress;
  • 18 U.S.C. 925D - Special assistant U.S. attorneys'
  • 18 U.S.C. 926 - Rules and regulations;
  • 18 U.S.C. 926A - Interstate transportation of firearms;
  • 18 U.S.C. 926B - Carry concealed firearms by law enforcement;
  • 18 U.S.C. 926C - Carry of concealed firearms by retired officers;
  • 18 U.S.C. 927 - Effect on State law;
  • 18 U.S.C. 928 - Separability;
  • 18 U.S.C. 929 - Use of restricted ammunition;
  • 18 U.S.C. 930 - Possession of firearms in Federal facilities;
  • 18 U.S.C. 931 - Possession of body armor by violent felons;
  • 18 U.S.C. 932 - Straw purchasing of firearms;
  • 18 U.S.C. 933 - Trafficking in firearms;
  • 18 U.S.C. 934 - Forfeiture and fines.

What Are the Penalties?

If convicted of violating 18 U.S.C. 922(g), the penalty generally includes a prison sentence of up to 10 years and fines of up to $250,000.

However, under the Armed Career Criminal Act (ACCA) of 1984, found at 18 U.S.C. § 924(e), having three or more convictions for specific violent felonies and serious drug crimes triggers a sentencing enhancement that significantly lengthens the sentence.

For general convictions under U.S.C. 922(g) without any sentencing enhancement:

  • Imprisonment for up to 10 years.
  • Up to three years of supervised release.
  • Fines can reach up to $250,000.

Regarding the sentencing enhancement:

  • A required minimum sentence of 15 years in prison without the possibility of parole.

What Are the Legal Defenses?

Being wrongly charged under U.S.C. 922(g) is possible. A qualified federal criminal defense attorney can employ various defense strategies to challenge or dismiss the charges, as outlined below.

Maybe you could argue that you're not ineligible to own a firearm according to 18 U.S.C. 922(g).

Felon with a Firearm

Suppose your attorney can demonstrate that you were not convicted of a qualifying crime, such as a violent felony or a serious drug crime, that your restraining order has been rescinded, or that you do not fall into any other disqualified groups. In that case, you might be able to have your charges dismissed.

We might argue that the firearm never crossed state or national borders. This defense removes the crime from federal jurisdiction and potentially places it under state jurisdiction, where penalties are probably less severe.

We might suggest that the firearm was not within your control. For instance, a relative could have stored the weapon securely in your home, but you were unable to access it.

We might negotiate with the federal prosecutor for a favorable plea deal if guilt is clear. If you've been charged with felon in possession of a firearm in federal court, contact our law firm to discuss the case details and your legal options.

You can reach us for an initial case consultation by phone or through the contact form. The Hedding Law Firm is based in Los Angeles, California.

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