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!
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(212) 300-5196Supreme 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!
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
You completed your state prison sentence for a drug conviction eight years ago and have been living a clean life ever since. During a routine traffic stop last week, police discovered a hunting rifle in your trunk that belonged to your father, and now federal agents are charging you under 18 USC 922(g)(1) for felon in possession of a firearm.
How can I be charged with a federal crime for having my father's hunting rifle when I already served my time and haven't been in any trouble for years?
Under 18 USC 922(g)(1), it is a federal offense for any person who has been convicted of a crime punishable by imprisonment for more than one year to possess any firearm or ammunition, regardless of how long ago the conviction occurred. The federal statute does not have a waiting period or automatic rights restoration — even if your state considers your sentence complete, federal law may still prohibit you from possessing firearms unless your rights have been formally restored through a pardon or expungement. Constructive possession is also broadly interpreted, meaning prosecutors only need to show you had knowledge of and access to the firearm, not that you were physically holding it. We would immediately examine whether your prior conviction qualifies under the statute, whether any state rights restoration applies, and whether the search of your vehicle was conducted lawfully under the Fourth Amendment.
This is general information only. Contact us for advice specific to your situation.
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!
