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What is prohibited person firearm possession
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal criminal cases. We’ve represented clients in cases that made national headlines – Anna Delvey’s trial that became a Netflix series, the Ghislaine Maxwell juror misconduct case, and many others. If you’re facing a prohibited person firearm charge under 18 USC 922(g), you need lawyers who understand how federal prosecutors build these cases.
Prohibited person firearm possession is one of the most commonly prosecuted federal gun crimes. In fiscal year 2024, over 7,400 people were convicted under 18 USC 922(g) – and 97.7% of them went to prison. The law is straightforward but unforgiving. If you fall into one of nine specific categories, possessing a firearm is a federal felony. Period.
Federal prosecutors don’t need to prove you knew the law. They only need to prove you knew you had the gun and that you fit one of the prohibited categories. That’s it. The categories are broad, the enforcement is aggressive, and the penalties destroy lives.
The Nine Categories That Make You a Prohibited Person
Under 18 USC 922(g), you cannot possess a firearm if you’ve been convicted of any crime punishable by more than one year in prison. Doesn’t matter if you served time or got probation. Doesn’t matter if it was 20 years ago. A felony conviction – state or federal – makes you prohibited for life unless you get your rights restored.
Drug users and addicts are prohibited. Prosecutors prove this through recent drug arrests, positive drug tests, or witness statements. One arrest for possession can support a 922(g) charge if you had a gun nearby.
Domestic violence creates two prohibitions – misdemeanor convictions involving force against intimate partners, and qualifying restraining orders. Mental health adjudications matter too. Immigration status bars illegal aliens and most nonimmigrant visa holders from possessing firearms.
The final three categories: dishonorable discharge from the military, renouncing U.S. citizenship, and fugitive from justice status.
The Penalties Are Devastating
A standard 922(g) conviction carries up to 10 years in federal prison and a $250,000 fine. But the Armed Career Criminal Act makes these cases particularly dangerous. If you have three prior convictions for violent felonies or serious drug crimes, 18 USC 924(e) requires a mandatory minimum sentence of 15 years. No parole in the federal system. You serve at least 85% of whatever sentence the judge imposes.
The sentencing guidelines assign a base offense level between 12 and 26 for felon in possession cases, depending on your criminal history. That translates to guideline ranges from 10 months to over 6 years before any enhancements. If you had the gun during another crime, the sentence stacks. If you had multiple guns, the offense level increases.
Federal judges sentenced 97.7% of 922(g) defendants to prison in fiscal year 2024. These aren’t cases where you’re likely to get probation. These are cases where your criminal history and the specific facts determine whether you’re facing months or decades.
How Federal Prosecutors Prove These Cases
The government must prove three elements beyond a reasonable doubt: you knowingly possessed a firearm, you knew you belonged to one of the prohibited categories, and the firearm traveled in interstate commerce. The interstate commerce element is almost always satisfied. The real battles happen over knowledge and possession.
Possession can be actual or constructive. If the gun was in your hand, your pocket, or your waistband, that’s actual possession. Constructive possession requires proof you had access to the firearm and intended to exercise control over it. A gun in your home or car can support a constructive possession charge, but the government needs more than proximity – they need evidence you knew the gun was there and intended to control it.
Knowledge of your prohibited status is generally presumed. If you’re a convicted felon, prosecutors assume you know you can’t possess guns. But this element creates defense opportunities in cases involving mental health prohibitions, restraining orders that recently expired, or immigration status changes.
What Changed in 2025 – Rights Restoration Is Back
For the first time since 1992, there’s a potential path to restore your federal firearm rights. In March 2025, the DOJ published an interim final rule reviving the federal rights restoration program under 18 USC 925(c). The new framework uses a tiered-risk approach – violent felons are presumptively disqualified unless they demonstrate extraordinary circumstances.
This doesn’t help if you’re currently charged. But for people whose cases resolved years ago, this represents the first real opportunity in over three decades to petition for restoration of gun rights.
Defense Strategies That Actually Work
The most effective defense in many 922(g) cases is challenging the search that uncovered the firearm. If police violated your Fourth Amendment rights, the gun gets suppressed and the case collapses. We’ve won dismissals by proving officers lacked probable cause for the traffic stop, exceeded the scope of a consent search, or relied on an invalid warrant.
Constructive possession cases create more opportunities. If you shared the residence or vehicle with other people, prosecutors must prove the gun was yours and not someone else’s. Fingerprint evidence matters – no prints on the gun raises reasonable doubt about who actually possessed it. Text messages, statements to police, and witness testimony all become crucial.
Some categories have built-in defenses. Mental health prohibitions can be challenged if the underlying adjudication didn’t meet federal standards. Not all domestic violence misdemeanors qualify – the conviction must involve physical force or threatened use of a deadly weapon. Restraining orders must meet specific federal requirements.
Timing matters. If you possessed the gun before you became prohibited, that’s not a crime. Prosecutors must prove you were prohibited at the exact time you possessed the firearm.
Why You Need Experienced Federal Defense Lawyers
At Spodek Law Group – we’ve handled hundreds of federal firearms cases. We know how ATF agents build these cases, which defenses work in which circuits, and how to challenge questionable searches and weak constructive possession theories.
Many of the cases we’re famous for handling – are cases that others say were unwinnable. We’ve represented clients facing Armed Career Criminal Act enhancements who walked away with guideline sentences instead of mandatory minimums.
Todd Spodek is a second-generation criminal defense lawyer who grew up in courtrooms watching his father try cases. He learned federal criminal defense from the ground up – first as a file clerk, then as a paralegal preparing multi-defendant cases for trial, and finally as a seasoned defense attorney with many, many years of experience handling complex federal prosecutions.
Our firm has been featured in the New York Post, Bloomberg, Newsweek, and Fox 5. We represented Anna Delvey in the case that became a Netflix series. We represented the juror in the Ghislaine Maxwell misconduct scandal. We handle cases that generate national media attention because we take on difficult cases that other firms won’t touch.
If you’re facing a 922(g) charge, time matters. Evidence disappears. Witnesses’ memories fade. The decisions you make in the first 48 hours can determine whether you’re facing 10 months or 10 years. We’re available 24/7 – call us before you talk to federal agents or make decisions that can’t be undone.