Felon In Possession Of A Firearm 18 USC Section 922(g)(1)

So You’re a Felon Who Got Caught With a Gun? What Happens Now?

Getting charged with being a felon in possession of a firearm under 18 USC Section 922(g)(1) is no joke, my friend. This federal law makes it illegal for anyone convicted of a felony (or certain other offenses) to have a gun or ammo if the gun affected interstate commerce – which pretty much means all guns. Let’s break down what this law is, what the penalties are, and what defenses you might have.

What Exactly Does 18 USC 922(g)(1) Say?

The law says it’s illegal for any person “who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year” to possess a gun or ammo.

So even if your felony conviction didn’t actually result in over a year in jail, you’re still considered a felon under this law if the crime you were convicted of could have resulted in over 1 year imprisonment. Tricky!

This federal law also applies to fugitives, drug users, folks committed to a mental institution, dishonorably discharged vets, domestic abusers, and illegal aliens.

But for our purposes, let’s focus on how it applies to felons.

How Do They Prove You Possessed a Gun?

Here’s the thing – you don’t have to physically have the gun on you to be charged with possession. If the cops find a gun locked in your closet or in your car’s glovebox, you can be charged with possessing it.

“Constructive possession” is what they call it when you don’t have direct physical control of the item but you have access to it and the ability to control it. So be smart when you’re a felon – don’t keep guns anywhere in your home, car, or place of business, even if they technically belong to someone else.

What Are the Penalties You’re Facing?

The maximum penalty is up to 10 years in federal prison and a fine of up to $250,000. But if you have certain prior convictions, there are “sentencing enhancements” that can increase the mandatory minimum sentence to 15 years. No parole available!

Some key factors that can increase your sentence are prior violent felony convictions or prior federal firearm convictions. The number and nature of your prior convictions make a huge impact on how much time you’ll serve if convicted.

What Defenses Should You Consider?

Don’t panic! There are ways your attorney may be able to fight the charges and either get them dismissed or negotiate a better plea deal:

• You’re not actually a felon – If your prior conviction wasn’t punishable by more than 1 year, you may not qualify as a felon under 922(g)(1).
• The gun wasn’t yours – You can argue you didn’t actually or “constructively” possess the firearm. For example, if it totally belonged to your girlfriend who happened to store it in your home.
• Invalid search – If the search that turned up the gun was illegal, the evidence may be excluded.
• You’re still “the people” – After the Bruen Supreme Court case, there are arguments that non-dangerous felons don’t lose their 2nd Amendment rights.

See, there are options! Don’t take a plea deal until exploring possible defenses with your attorney. And don’t talk to the cops if they want to question you – that’s how people get tricked into confessing.

The bottom line is – yes, being a felon caught with a gun is scary. But all hope is not lost! With an experienced federal criminal defense lawyer in your corner, you may be able to avoid harsh penalties or beat the charges altogether. So take a deep breath…and call a lawyer.