Federal Gun Charges Under 18 USC 922(g): Felon in Possession Laws

Federal Gun Charges Under 18 USC 922(g): Felon in Possession Laws

So your probably facing federal felon in possession charges and your ABSOLUTELY CONFUSED because you thought you paid your debt to society with previous conviction. Maybe police found gun in your car during traffic stop. Maybe there’s allegations you owned firearm found at your home. Or maybe your just accused of “constructive possession” of gun that wasn’t even yours. Look, we get it. Your COMPLETELY OVERWHELMED by these charges. And you should be! Because felon in possession under 18 USC 922(g) carries 10 YEARS in federal prison and if you have three prior violent or drug convictions, Armed Career Criminal Act mandates 15 YEARS minimum!

What Is Felon in Possession Under 18 USC 922(g)?

Let me explain the federal firearm prohibition destroying lives. Section 922(g) makes it unlawful for nine categories of prohibited persons to possess firearms or ammunition! Most commonly charged against felons but also applies to domestic violence misdemeanants, drug addicts, illegal aliens, fugitives, mentally ill!

The statute has NINE subsections for different prohibited categories! 922(g)(1) prohibits anyone convicted of crime punishable by more than one year! 922(g)(2) is fugitives from justice! 922(g)(3) is unlawful drug users! 922(g)(9) is domestic violence misdemeanants! Each carries 10 years maximum!

Here’s what’s really scary – In fiscal year 2024, there were 7,419 federal felon in possession convictions! 90.4% were for prior felony convictions! Average sentence was 71 months! This is one of MOST commonly charged federal crimes!

“Possession” is broadly defined! Don’t need to own gun or have it on your person! Constructive possession satisfies statute – just need to know gun’s location and have ability to control it! Gun at girlfriend’s house where you stay? Constructive possession! Gun in trunk of car you’re driving? Possession!

What Did Supreme Court Rule in Rehaif v. United States?

CRITICAL 2019 decision changing burden of proof!

Supreme Court held government must prove TWO knowledge elements: defendant knew he possessed firearm AND knew he belonged to prohibited category! 7-2 decision rejected government’s argument that felon-in-possession is strict liability offense!

This means government must prove you KNEW you were a felon when possessing gun! If you genuinely believed prior conviction was misdemeanor or expunged or pardoned, Rehaif provides defense!

But courts interpret “knowledge” broadly! Prosecutors use circumstantial evidence – you served prison time, you were on probation, you had lawyer! Jury infers you MUST have known you were felon!

We use Rehaif aggressively! Prior conviction was old? Client may have believed rights were restored! State conviction dismissed or reduced? Shows lack of knowledge! Conviction was in another country? Client didn’t know it counted as federal felony!

Post-Rehaif cases still challenging! Some courts find knowledge almost automatic if defendant served any prison time! But others require more proof! We exploit circuit splits to challenge knowledge element!

What Is Armed Career Criminal Act (ACCA)?

ACCA creates MANDATORY 15-year minimum for career criminals!

If convicted of 922(g) AND have three prior “violent felonies” or “serious drug offenses,” mandatory 15-year sentence with maximum of life! This is MOST serious gun possession charge! Turns 10-year maximum into 15-year MANDATORY minimum!

“Violent felony” has three definitions! Elements clause: offense has element of using or threatening force! Enumerated clause: burglary, arson, extortion, or crimes involving explosives! “Residual clause” was struck down by Supreme Court as unconstitutionally vague!

“Serious drug offense” means state or federal drug crime punishable by 10+ years! Most state drug trafficking offenses qualify! Even if you didn’t get 10 years, if statute AUTHORIZED 10 years, it counts!

Recent 2024 Supreme Court decisions help defendants! Brown v. United States: whether drug conviction is ACCA predicate depends on federal scheduling AT TIME OF CONVICTION! If drug wasn’t federally scheduled when convicted, not ACCA predicate!

Erlinger v. United States (2024): jury must determine whether offenses were single criminal episode or separate offenses for ACCA counting! Can’t have judge decide! Multiple convictions from one criminal spree might count as only one ACCA predicate!

What Are the Nine Prohibited Categories?

Each subsection of 922(g) creates DIFFERENT prohibited class!

922(g)(1) is felons! Anyone convicted in ANY court of crime punishable by more than one year! Includes state AND federal felonies! Even if you got probation, if crime carried more than one year maximum, you’re prohibited!

922(g)(2) is fugitives from justice! Anyone fleeing prosecution or confinement! Active warrant in another state? Prohibited! Rarely charged alone but often add-on when fugitive caught with gun!

922(g)(3) is unlawful drug users or addicts! Doesn’t require conviction! If you’re current drug user, prohibited from possessing guns! Medical marijuana card? Some courts say that’s evidence of unlawful use making you prohibited!

922(g)(4) is those adjudicated mentally ill! Requires formal commitment to mental institution! Voluntary treatment doesn’t count! But involuntary commitment for mental health? Lifetime gun prohibition!

922(g)(9) is domestic violence misdemeanants! Any misdemeanor with domestic relationship element! Many people convicted of domestic assault have NO IDEA they’re lifetime prohibited from guns!

What Is Constructive Possession?

Constructive possession allows conviction without physically holding gun!

Must prove three elements: knowledge of gun’s presence, ability to control gun, and intent to control gun! Don’t need to own gun or have it in pocket – just need dominion and control!

Common constructive possession scenarios: gun in car defendant is driving even if not registered to defendant! Gun in bedroom defendant shares with spouse! Gun in common area of apartment where defendant lives! Prosecutors argue defendant had access and therefore constructive possession!

Joint possession with others is constructive possession! Five people in car with gun under seat? ALL five can be charged with constructive possession! Jury instructed they can infer possession if defendant was in area where gun was found!

We challenge constructive possession by showing lack of knowledge or control! Gun belonged to someone else in house! Defendant didn’t know it was there! Defendant lacked ability to exclude others from area where gun found!

Proximity alone isn’t enough! Must prove defendant knew gun was there and could control it! We show defendant was visitor, didn’t have keys or access, others had exclusive control of area!

What Are Defenses to Felon in Possession?

Several defenses exist but post-Rehaif landscape changed!

Rehaif knowledge defense is primary! If you didn’t know you were in prohibited category, not guilty! We prove client believed rights were restored, conviction was expunged, or charges were dismissed!

Challenge predicate felony! If prior conviction wasn’t actually crime punishable by more than one year, not qualifying predicate! State statute may have authorized one year or less making it misdemeanor! Or conviction was expunged or pardoned!

Momentary possession defense! If you possessed gun very briefly to secure or destroy it, not possession for 922(g)! Found gun and immediately gave to police? Momentary possession! But must be truly transitory!

Rights restoration defense! If state restored your gun rights through pardon, expungement, or relief statute, federal prohibition may not apply! But federal restoration is rare – must get ATF approval!

Lack of possession! If gun belonged to someone else and you lacked knowledge or control, not your possession! We challenge constructive possession by showing defendant didn’t know gun was there or had no ability to control it!

Constitutional challenges under Second Amendment! Recent Supreme Court cases expand gun rights! Some lower courts finding 922(g) as applied to certain felons violates Second Amendment! Post-Bruen challenges increasing!

What Are Penalties and Sentencing?

Penalties vary based on criminal history and ACCA!

Standard penalty: 10 years maximum, fines up to $250,000! But with ACCA enhancement? 15-year MANDATORY minimum with maximum of life!

Sentencing guidelines increase with criminal history! Base offense level 14-20 depending on prior convictions! Criminal history points added! Average sentence in FY 2024 was 71 months!

Career offender enhancement applies if two prior drug or violent felonies! Dramatically increases guideline range! Combined with ACCA, creates life-destroying sentences!

Possession during drug trafficking gets stacking! 922(g) conviction PLUS 924(c) for using gun during drug crime! 924(c) carries mandatory 5 years consecutive to any other sentence!

Supervised release follows prison! Typically 3 years! Conditions include no guns, drug testing, search conditions! Violation sends you back for years!

Why Felon in Possession Defense Requires Specialized Firearms Attorneys

Look, we’re not your typical lawyers who don’t understand Rehaif and ACCA complexities. We’re former federal prosecutors who CHARGED 922(g) cases with ATF and know EXACTLY how to challenge predicate convictions and prove lack of knowledge!

We understand how to use Rehaif to prove client didn’t know he was prohibited! We know how to challenge ACCA predicate convictions using Brown and Erlinger! We can establish lack of constructive possession! Most importantly, we prevent old felonies from creating new decade-long sentences!

Other lawyers don’t challenge ACCA predicates! They accept government’s characterization of prior convictions as qualifying offenses! Their ignorance leads to 15-year mandatory minimums that could be avoided!

Call us RIGHT NOW at 212-300-5196
Felon in possession cases move to federal court FAST!
Former federal prosecutors – Firearms law specialists – Available 24/7!

Don’t speak to ATF or FBI about gun possession without experienced firearms counsel! They’ll ask about your criminal history! About your knowledge of prohibited status! Every answer becomes Rehaif evidence! Assert your rights and call us IMMEDIATELY!

Remember – federal felon in possession charges aren’t just about illegal gun dealers, there about old felony convictions following you forever. One gun in your house, one moment of possession, one constructive possession theory can mean 10 years in federal prison or 15 years mandatory under ACCA. You need someone who understands both Rehaif defenses AND ACCA challenges. Call us NOW before gun possession charge destroys your life!