Title 18 U.S. Code § 922(g) is a federal law making it unlawful for certain individuals, including those with a felony conviction, to ship, transport, possess, or receive a firearm or ammunition. This is commonly referred to as the "felon with a firearm" or "felon in possession of a firearm" law.

This federal statute, which applies to individuals convicted of a crime punishable by more than one year in prison, is a lifelong commitment unless their civil rights are restored.

The crime is a serious federal felony, carrying penalties of up to ten years in federal prison, and potentially much more if you qualify for certain sentencing enhancements. This underscores the gravity of the law and the need for strict adherence.

Notably, you don't have to be sentenced to more than a year in jail to be disqualified from firearm possession. Under 18 U.S.C. 922(g), you only have to be convicted of a crime punishable by more than one year in prison. 

Suppose you're convicted of a crime and sentenced to 2 years, but your sentence is suspended or you are awarded probation instead. In that case, you are still considered a convicted felon under federal law.

Most states have specific laws restricting or revoking gun ownership or possession rights for people convicted of a felony. 18 U.S.C. 922g also contains similar and expanded restrictions on firearm possession for convicted felons and other individuals at the federal level.

What Does the Federal Law Say?

18 U.S.C. 922(g) says, "It shall be unlawful for any person—

(1) who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."

Key Takeaways

• Understanding the concept of 'possession' under this law is crucial. It's not just about ownership. It can also be constructive, which means someone can be considered to possess firearms if they have the ability and intention to control them, even if they are not physically present with the firearms. This can include firearms in their home, car, or place of employment.
• A felon does not have to be physically present at the time of the discovery of the firearms. If law enforcement can prove they have access to and control a firearm, they can be found guilty under this federal law.
• Possession does not have to be exclusive, as multiple people can possess the same firearm.
• These restrictions extend to numerous other individuals besides those convicted of a felony.
• This federal restriction only applies to gun possession or transport that affects "interstate or foreign commerce." This means it applies when firearms are transported across state or national boundaries, or when they are involved in activities that affect interstate or foreign commerce, such as when they are used in a business that operates across state lines or when they are sold to someone in another state. 

Related Federal Statutes 

18 U.S. Code Chapter 44, Firearms, has several federal statutes that are related to 18 U.S. Code 922, Unlawful acts, such as the following:

• 18 U.S.C. 921 - Definitions
• 18 U.S.C. 923 - Licensing
• 18 U.S.C. 924 - Penalties
• 18 U.S.C. 925 - Exceptions: Relief from disabilities
• 18 U.S.C. 925A - Remedy for erroneous denial of a firearm
• 18 U.S.C. 925B - Reporting of background check denials
• 18 U.S.C. 925C - Annual report to Congress
• 18 U.S.C. 925D - Special assistant U.S. attorneys and cross-deputized attorneys
• 18 U.S.C. 926 - Rules and regulations
• 18 U.S.C. 926A - Interstate transportation of firearms
• 18 U.S.C. 926B - Carrying of concealed firearms by qualified law enforcement officers
• 18 U.S.C. 926C - Carrying of concealed firearms by qualified retired law enforcement officers
• 18 U.S.C. 927 - Effect on State law
• 18 U.S.C. 928 - Separability
• 18 U.S.C. 929 - Use of restricted ammunition
• 18 U.S.C. 930 - Possession of firearms and dangerous weapons in Federal facilities
• 18 U.S.C. 931 - Prohibition on purchase, ownership, or possession of body armor by violent felons
• 18 U.S.C. 932 - Straw purchasing of firearms
• 18 U.S.C. 933 - Trafficking in firearms
• 18 U.S.C. 934 - Forfeiture and fines

Under California Penal Code 30305, it is illegal for certain prohibited individuals to possess ammunition.

What Are the Federal Penalties?

If you're convicted of violating 18 U.S.C. 922(g), the penalties are severe. You could face a prison sentence of up to 10 years, fines of up to $250,000, and three years of supervised release.

Supervised release is a period of time after a person is released from prison during which they are monitored and must follow certain conditions. 

With the sentencing enhancement, there is a mandatory minimum of 15 years in prison with no parole. This underscores the gravity of the law and the need for strict compliance.

For instance, under the Armed Career Criminal Act (ACCA) of 1984, as defined in 18 U.S.C. § 924(e), a sentencing enhancement applies if you have three or more convictions for certain violent felonies and serious drug offenses.

This means that your sentence could be significantly extended, underscoring the serious consequences of repeated violations.

What are the Defenses?

It is possible to be wrongly charged under 18 U.S.C. 922(g).  Our federal criminal defense attorneys may be able to implement several defense strategies to combat the charges or have them dismissed.

Perhaps we can argue that you are not disqualified from possessing a firearm. If we can demonstrate, for example, that you were not convicted of a qualifying crime, have had your restraining order rescinded, or are not part of one of the other disqualified groups, you may be eligible to have your charges dismissed.

Perhaps we can argue that the firearm did not cross state or national boundaries. This defense removes the crime from federal jurisdiction and potentially transfers it to state jurisdiction, where penalties are likely less severe.

Perhaps we can argue that the firearm was not under your control. For example, perhaps a relative kept the weapon in your home under lock and key, but you were unable to access it. Perhaps we can negotiate with the federal prosecutor for a favorable plea bargain if guilt is not in doubt.

If you have been charged with felon in possession of a firearm in a federal court, contact our law firm to review the details and legal options. For more information, contact our federal criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, CA.

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