What is felon in possession of firearm

| by Max Soni

What is felon in possession of firearm?

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience. You’ve probably heard about our high-profile cases – Todd represented Anna Delvey in the Netflix series, handled the Ghislaine Maxwell juror misconduct matter, defended clients in cases others called unwinnable. If you’re reading this, you’re facing a felon in possession charge – one of the most aggressively prosecuted federal offenses right now.

Felon in possession is exactly what it sounds like. You have a felony conviction in your past, law enforcement finds you with a gun, and the federal government charges you under 18 U.S.C. § 922(g)(1). It doesn’t matter if the gun was for protection. It doesn’t matter if you never intended to use it. It doesn’t even matter if your prior felony happened decades ago – federal prosecutors file these cases constantly, and in 2024 alone, over 7,400 people were convicted under this statute. That’s 90% of all section 922(g) convictions.

The law says this: if you’ve been convicted of any crime punishable by more than one year in prison, you cannot possess, receive, transport, or ship any firearm or ammunition. Period. The conviction doesn’t have to be violent. Doesn’t have to involve weapons. A fraud charge from 1995, a drug offense from your twenties, a burglary you got probation for – all count. Once you’re a convicted felon, touching a firearm becomes a separate federal felony.

How do federal prosecutors prove you violated 922(g)(1)?

The government has to prove four things beyond a reasonable doubt. First – you were previously convicted of a crime punishable by more than one year. They pull your criminal record and show the judge. Second – you knowingly possessed or received a firearm. “Knowingly” means you were aware the item was a gun, not that you knew possessing it was illegal.

Third – you knew you had been convicted of a crime punishable by more than one year. The government doesn’t need to prove you understood the legal consequences, just that you were aware of your prior conviction. Fourth – the firearm previously traveled in interstate or foreign commerce. This element is essentially automatic because nearly every gun crosses state lines at some point during manufacturing or sale.

That’s the whole case. No requirement that you intended to commit another crime, no need to show the gun was loaded, no consideration of why you had it. Federal prosecutors file these cases weekly because they’re straightforward to prove.

What kind of sentence are you actually facing?

The statute allows up to 10 years in federal prison and fines up to $250,000. But according to U.S. Sentencing Commission data from fiscal year 2024, the average sentence was 71 months – just under six years. Nearly 98% of defendants went to prison, not probation.

Your sentence depends heavily on your criminal history. Federal sentencing guidelines assign a base offense level between 12 and 26. Higher if the gun was stolen, higher if you possessed it during another crime, higher if you have an extensive record. Multiple felonies in your background push you toward that 71-month average or beyond.

Then there’s the Armed Career Criminal Act – ACCA for short – and this is where sentences explode. Under 18 U.S.C. § 924(e), if you have three prior convictions for violent felonies or serious drug crimes, the law requires a mandatory minimum of 15 years. Not “up to” 15 years – at least 15 years, and judges cannot go below that floor. In 2024, defendants sentenced under ACCA got an average of 186 months. Three qualifying priors plus one gun equals 15 years minimum, period.

Federal judges still use the guidelines as the starting point even though they’re not mandatory after United States v. Booker. Prosecutors push back hard on 922(g) cases – we see this constantly. You’re not getting a slap on the wrist.

Can the law actually be challenged in 2025?

Something significant is happening right now. The Third Circuit ruled in Range v. Attorney General that 922(g)(1) is unconstitutional as applied to certain non-violent offenders. Bryan Range had a 30-year-old food stamp fraud conviction – never spent a day in prison, no history of violence, completely law-abiding since. The court said the government couldn’t show a longstanding historical tradition of disarming people like Range.

That 2025 decision created a circuit split. Different federal circuits are reaching different conclusions about whether non-violent felons can be permanently disarmed. At least 15 petitions are asking the Supreme Court to resolve this.

What does this mean if you’re charged today? It depends on where your case is and what your prior conviction was. Third Circuit with a decades-old non-violent conviction – you might have a constitutional defense. Other circuits – probably not. Prior felony involved violence – Range doesn’t help.

These challenges are real but narrow. The overwhelming majority of 922(g)(1) prosecutions will stand up. If your lawyer says the whole law is getting struck down, find a different lawyer.

Why you need a federal criminal defense lawyer immediately

Federal prosecutors prioritize gun cases. The ATF recommends over 10,000 felons every year for federal prosecution. Arrested with a firearm as a convicted felon – it probably goes federal. Once it’s federal, you’re dealing with the U.S. Attorney’s Office, and federal prosecutors have a 90%+ conviction rate.

Your presentence investigation report determines your guidelines range. Everything matters – your age at the prior conviction, time passed, employment history, whether you’ve stayed out of trouble. A good lawyer works on sentencing from day one because those four elements aren’t hard for the government to prove.

Defenses exist. Sometimes the prior conviction doesn’t qualify as a predicate felony – state classifications don’t match federal definitions. Sometimes the government can’t prove knowing possession – maybe it was someone else’s gun in a shared space. Fourth Amendment issues with searches. Sometimes the firearm wasn’t functional. These defenses require someone who knows federal criminal procedure.

Even if you’re pleading guilty – most defendants do – your lawyer minimizes damage. Acceptance of responsibility credit knocks two or three levels off your offense level. Departures and variances can get you below the guidelines. Mitigation evidence shows why you deserve the lowest sentence. We’ve gotten clients probation when guidelines called for years, beaten ACCA enhancements that would have triggered mandatory 15-year minimums.

At Spodek Law Group, we’ve handled these cases across the country – Southern District of New York, Eastern District of New York, coast to coast. We know which judges are receptive to mitigation arguments, which prosecutors negotiate, and how to position constitutional challenges. Todd Spodek is a second-generation criminal defense attorney who’s been doing this for many, many years – his father was a lawyer, he worked in his father’s law firm as a kid, he knows how federal courtrooms work.

If ATF agents or local police found you with a gun and you’ve got a felony record, don’t talk to them without a lawyer. Don’t explain why you had it. Don’t consent to searches. Call us immediately – we’re available 24/7, your first consultation is risk-free. The government is already working on your case.