Federal Felon with a Firearm

Federal Felon with a Firearm Defense Lawyer

Several states have laws that limit or revoke gun rights for individuals convicted of a felony.

The federal criminal code similarly and more extensively restricts firearm possession for convicted felons and other individuals at the federal level. This is usually called the "felon with a firearm" or "felon in possession of a firearm" law, established under Title 18 U.S.C. § 922 (g).

18 U.S.C. § 922(g) bans convicted felons from possessing or receiving firearms or ammunition.

Breaking this law is a felony in itself. If convicted, you could be sentenced to up to 10 years in federal prison, and possibly more if you qualify for certain sentencing enhancements.

"Possession' differs from ownership. It can also be constructive, meaning someone may have firearms in their home, vehicle, or workplace.

Importantly, a felon doesn't need to be physically present when firearms are found. If law enforcement demonstrates that they have access to and control over a firearm, the individual can be considered guilty under this federal law.

Additionally, possession isn't required to be exclusive. Legally, several individuals can share possession of the same firearm.

For instance, it's typical for all passengers in a car to be charged with possession of a firearm. Below, we'll examine this federal law more closely.

Key Takeaways 

• Possession refers to having control over an item, not owning it. Even if the weapon is registered in your name, what matters is whether you can access it.
• The law considers you in possession if the gun is either under your immediate control, like on your person, or under your constructive control, such as in your car, home, or a locked locker you have the key to.
• You don't need a sentence longer than a year in jail to lose your right to possess a firearm. According to U.S.C. 922g, a conviction for any crime punishable by over one year is sufficient for disqualification.
• If you're convicted of a crime with a 2-year sentence that is suspended or replaced with probation, you are still classified as a convicted felon under federal law.

What Does Section 922g Say?

18 U.S.C. 922g 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…. 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."

Who Is Not Allowed to Own a Firearm?

While 18 U.S.C. 922g mainly targets banning gun possession by convicted felons, its restrictions also apply to many other individuals besides those with felony convictions.

This federal restriction concerns gun possession or transport that impacts "interstate or foreign commerce," including crossing state or national borders.

If a state owns the felony gun possession law — meaning the person neither ships nor receives the firearm from out-of-state, nor crosses state lines with the weapon — then that state's laws will govern, and it won't be a federal crime.

Under 18 U.S.C. 922g, the following individuals are legally barred from possessing firearms.

• Anyone convicted in any court, not only federal court, of a crime with a sentence of over one year in prison is included. This is where the term "felon with a firearm" comes from, since most felonies carry a prison term of more than one year. The law also applies if you're convicted of a misdemeanor that is punishable by more than one year in jail.
• Anyone who is fleeing from justice, such as someone who has escaped to avoid prosecution or to avoid giving testimony.
• Individuals who are addicted to or illegally using controlled substances.
• Anyone labeled as 'mentally defective' (mentally ill) and placed in a mental institution.
• Aliens refer to undocumented and non-permanent resident foreigners who are legally present in the country. This excludes aliens with green cards.
• Anyone who has given up their United States citizenship.
• Members of the military who were dishonorably discharged.
• Anyone subject to a restraining order concerning domestic violence.
• Anyone convicted of a domestic violence crime in any court.

What Are Related Federal Laws?

Chapter 44 of 18 U.S. Code, which covers Firearms, includes several federal statutes related to 18 U.S. Code 922, concerning 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
• 18 U.S.C. 926 - Rules and regulations
• 18 U.S.C. 926A - Interstate transportation of firearms
• 18 U.S.C. 926B - Carry concealed firearms by law enforcement
• 18 U.S.C. 926C - Carry of concealed firearms by retired 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 in Federal facilities
• 18 U.S.C. 931 - 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.

What are the Federal Penalties?

Highlighting the penalties under 18 U.S.C. 922(g) is essential to understanding the legal risks involved and to helping readers grasp the seriousness of violations.

If found guilty of violating 18 U.S.C. 922(g), typical penalties include a prison term of up to 10 years and a fine of up to $250,000.

However, under the Armed Career Criminal Act (ACCA) of 1984, as set forth in 18 U.S.C. 924(e), having three or more convictions for specific violent felonies and serious drug crimes triggers a sentencing enhancement that substantially lengthens the sentence.

For basic convictions under U.S.C. 922(g) without sentencing enhancements:

• Imprisonment for up to 10 years.
• Up to three years of supervised release.
• Fines can reach up to $250,000.
• With the sentencing enhancement, there is a mandatory minimum of 15 years in prison without the possibility of parole.

Being accused of violating federal probation or supervised release can put you at serious risk of returning to custody.

What Are the Possible Defenses?

Knowing that defenses like lack of control or jurisdiction issues may help protect your rights can make the reader feel more secure and hopeful about legal options.

Understanding that a qualified federal criminal defense attorney can challenge wrongful charges should make the reader feel supported and more confident in seeking legal guidance.

Suppose your attorney can demonstrate that you were not convicted of a qualifying crime, that your restraining order has been rescinded, or that you do not fall into one of the other disqualified groups. In that case, you might be able to have your charges dismissed.

One might argue that the firearm never crossed state or national borders. This defense removes the crime from federal jurisdiction and might shift it to state jurisdiction, where penalties are generally less harsh.

We might claim that the firearm was not within your control. For instance, a relative could have stored the weapon securely in your home, but you did not have access to it.

Maybe we can discuss a favorable plea deal with the federal prosecutor if guilt is clear. If you've been charged with felon in possession of a firearm in federal crime, contact our law firm to review your case and legal options.

You can reach us for an initial case consultation via phone or the contact form. Eisner Gorin LLP is based in Los Angeles, California.