18 U.S.C. § 922(g) – Felon in Possession of a Firearm

18 U.S.C. § 922(g) makes it a federal crime for certain prohibited persons to possess a firearm or ammunition. The most common charge under this statute is known as “felon in possession of a firearm.”

If you were previously convicted of a felony offense, federal law generally prohibits you from possessing or controlling a firearm. A conviction can result in up to 10 years in federal prison, and significantly more if enhanced under federal sentencing laws.

Federal firearm prosecutions are aggressively pursued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the FBI, and the United States Attorney's Office.

Your best hope for a favorable outcome is with an experienced criminal defense attorney at the Hedding Law Firm in Los Angeles. To schedule a consultation, call (866) 986-2092 or use the contact form here.

What Is 18 U.S.C. § 922(g)?

Section 922(g) makes it unlawful for certain individuals to:

Ship or transport a firearm or ammunition in interstate or foreign commerce
Possess a firearm or ammunition that has traveled in interstate commerce
Receive a firearm or ammunition that has been shipped or transported in interstate commerce

The interstate commerce requirement is typically satisfied because most firearms are manufactured in one state and later found in another.

Who Is Prohibited From Possessing a Firearm?

Federal law prohibits firearm possession by:

Anyone convicted of a crime punishable by more than one year in prison
Fugitives from justice
Unlawful users of controlled substances
Individuals adjudicated mentally defective or committed to a mental institution
Certain non-citizens are unlawfully present in the United States
Individuals dishonorably discharged from the military
Persons subject to qualifying domestic violence restraining orders
Persons convicted of misdemeanor domestic violence

You do not need to have served more than one year in prison. The key issue is whether the prior offense was punishable by more than one year.

What Does “Possession” Mean Under Federal Law?

Possession under § 922(g) includes both actual and constructive possession.

Actual Possession

Having the firearm physically on your person.

Constructive Possession

Having the power and ability to control the firearm, even if it is not physically in your hand.

Constructive possession may apply when a firearm is found:

In your vehicle
In your home
In a shared residence
In a workplace locker
In a storage unit

Possession does not need to be exclusive. Multiple people can be charged with possessing the same firearm.

What Must Prosecutors Prove?

To convict someone under § 922(g), federal prosecutors must prove beyond a reasonable doubt:

The defendant knowingly possessed a firearm or ammunition
The defendant belonged to a prohibited category
The firearm or ammunition traveled in or affected interstate commerce

The knowledge requirement applies to possession. The government must show you knowingly possessed the firearm.

What Are the Penalties for 18 U.S.C. § 922(g)?

Standard Penalty

Up to 10 years in federal prison
Up to $250,000 in fines
Up to 3 years of supervised release

Armed Career Criminal Act Enhancement

Under 18 U.S.C. § 924(e), also known as the Armed Career Criminal Act (ACCA), if a defendant has three prior convictions for qualifying violent felonies or serious drug offenses, the penalty increases to:

Mandatory minimum of 15 years in federal prison
Potential life sentence

ACCA enhancements significantly increase sentencing exposure.

Related Federal Firearm Laws

Chapter 44 of Title 18 contains related firearm statutes, including:

18 U.S.C. § 921 – Definitions
18 U.S.C. § 923 – Licensing requirements
18 U.S.C. § 924 – Penalties and enhancements
18 U.S.C. § 925 – Exceptions and relief from disabilities
18 U.S.C. § 930 – Firearms in federal facilities
18 U.S.C. § 931 – Body armor restrictions
18 U.S.C. § 932 – Straw purchasing
18 U.S.C. § 933 – Firearms trafficking

Federal prosecutors often combine multiple firearm charges in a single indictment.

Common Defenses to § 922(g) Charges

Federal gun cases frequently turn on detailed factual and legal issues. Potential defenses include:

No Knowing Possession

If the firearm was not under your control or you did not know it was present, the possession element may fail.

Illegal Search and Seizure

If law enforcement violated the Fourth Amendment, evidence may be suppressed.

Not a Qualifying Conviction

If the prior conviction does not qualify as a felony under federal law, the charge may be dismissed.

Interstate Commerce Challenge

In rare cases, the government may struggle to prove the firearm traveled in interstate commerce.

Antiquity Defense

Under 18 U.S.C. § 921(a)(16), antique firearms manufactured before 1898 may not qualify as firearms under federal law.

Each defense requires careful analysis of the facts and the prior criminal history.

How Federal Gun Investigations Begin

Many § 922(g) charges arise from:

Traffic stops
Search warrants
Drug investigations
Domestic violence investigations
Joint federal task force operations

Federal authorities often adopt state cases when the defendant has a significant criminal history.

Why Federal Representation Matters

Federal firearm cases differ from state gun charges because:

Federal sentencing guidelines apply
Mandatory enhancements may apply
ACCA exposure may drastically increase penalties
Federal plea negotiations operate under different rules

Early intervention may allow:

Suppression motions
Negotiation to avoid ACCA enhancement
Strategic plea resolutions
Mitigation presentation

The difference between a standard § 922(g) conviction and an ACCA-enhanced sentence can mean years or decades in prison.

Frequently Asked Questions

Is owning a gun the same as possessing a gun?

No. Possession includes actual or constructive control, even without ownership.

What if the gun was not mine?

Ownership is not required. The government must prove knowing possession and control.

Can multiple people be charged for one firearm?

Yes. Possession does not need to be exclusive.

Does the firearm have to cross state lines?

The firearm must have traveled in interstate commerce at some point, which is usually easy for prosecutors to prove.

Can a prior conviction be challenged?

Yes. Certain prior convictions may not qualify under federal definitions.

Contact a Federal Criminal Defense Lawyer

Federal felon in possession charges under 18 U.S.C. § 922(g) carry serious penalties, especially if enhanced under the Armed Career Criminal Act.

If you or a loved one is under investigation or charged with a federal firearm offense, immediate legal representation is critical.

The Hedding Law Firm is based in Los Angeles, California, and provides experienced federal criminal defense nationwide.

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Felon with a Firearm