Being a convicted felon and found in possession of a firearm in the United States is a serious federal and state-level crime. Under Title 18, U.S. Code § 922(g), it’s illegal for a felon to own, possess, or have access to a gun. This can lead to a 10-year prison sentence and hefty fines—even if the gun wasn’t used in a crime.
According to the Bureau of Justice Statistics, over 6.1 million adults in the United States have a felony conviction on their record. In states like Texas, Florida, and Georgia, that number runs into hundreds of thousands.
In 2024 alone, over 12,500 individuals were federally prosecuted for firearm offenses under Title 18 U.S.C. § 922(g). The majority of these were felons caught with guns, even when no violent crime was involved.
Why is this law such a big deal? Because even if a firearm is locked away, or not used in a crime, just having access to it as a convicted felon can trigger severe consequences—including mandatory prison time.
What the Law Says: Federal Statute (18 U.S.C. § 922(g))
The Federal Law:
Under 18 U.S.C. § 922(g)(1):
“It shall be unlawful for any person 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…”
Let’s understand in easy way:
- “Any person” = Anyone in the U.S., not just citizens.
- “Crime punishable by more than one year” = Felonies and some misdemeanors depending on the state.
- “Possess” = Actual or constructive possession.
- “Firearm or ammunition” = Includes handguns, rifles, shotguns, ammo, etc.
Who Is a “Felon” Under This Law?
You’re considered a “felon” under this law if:
- You’ve been convicted in any court (federal, state, or foreign) of a crime punishable by over 1 year in prison.
- You were not granted a full pardon, had your civil rights restored, or the conviction wasn’t expunged.
Common Felonies That Trigger This Law:
- Drug possession with intent to distribute
- Assault or battery
- Burglary or theft
- White-collar crimes (fraud, embezzlement)
- DUI/DWI (in some states if enhanced to felony)
What Counts as “Possession”?
Possession doesn’t always mean the gun was in your hand.
There are 2 types:
- Actual Possession – Holding, wearing, or carrying the firearm.
- Constructive Possession – The gun is in your home, car, or somewhere you can access or control.
Example: If a felon lives with a roommate and the roommate owns a gun legally, and it’s stored in a shared closet, the felon may still be considered in possession under federal law.
Learn More: Is Trespassing a Felony? Criminal Trespass Laws & Penalties
Types of Firearms Covered
The law applies to all types of firearms:
- Pistols (e.g., Glock 19, SIG Sauer P365)
- Rifles (AR-15, hunting rifles)
- Shotguns
- Homemade guns or “ghost guns”
- Antique guns (with limitations)
- Ammunition (yes, just bullets count too!)
Even non-working or unloaded firearms count under the law.
State Law Differences: Felon in Possession of a Firearm
State | State Penalty for Felon with Gun | Extra Notes |
---|---|---|
Alabama | 1 to 20 years in prison | Class C felony under §13A-11-72 |
Alaska | Up to 5 years in prison | Class C felony – AS 11.61.200 |
Arizona | 2.5 to 7 years | Aggravated under A.R.S. §13-3102 |
Arkansas | 3 to 10 years | Felony under § 5-73-103 |
California | Up to 3 years in prison | Felony under Penal Code § 29800 |
Colorado | 1 to 3 years | Class 5 felony under CRS § 18-12-108 |
Connecticut | 2 to 10 years | Mandatory 2-year minimum |
Delaware | 3 to 25 years | Enhanced if prior violent felony |
Florida | 3-year minimum mandatory | 10-20-Life law applies |
Georgia | 1 to 5 years in prison | No mandatory minimum |
Hawaii | Up to 10 years | Felony under HRS §134-7 |
Idaho | Up to 5 years | Enhanced if crime involves violence |
Illinois | 2 to 10 years | Class 2 felony – 720 ILCS 5/24-1.1 |
Indiana | 1 to 12 years | Level 5 or Level 4 felony |
Iowa | Up to 5 years | Class D felony under § 724.26 |
Kansas | 5 to 20 years | Based on criminal history score |
Kentucky | 1 to 5 years | Class D felony under KRS § 527.040 |
Louisiana | 5 to 20 years | Mandatory 5 years under R.S. § 14:95.1 |
Maine | Up to 5 years | Class C felony under § 393 |
Maryland | Up to 15 years | Mandatory 5 if prior violent felony |
Massachusetts | 1 to 5 years | Felony under MGL c. 269 § 10G |
Michigan | Up to 5 years | Felony under MCL 750.224f |
Minnesota | Up to 15 years | 5-year mandatory if prior violent felony |
Mississippi | 1 to 10 years | Felony under Miss. Code § 97-37-5 |
Missouri | 5 to 15 years | Class D felony – enhanced for prior offenses |
Montana | Up to 5 years | Felony under MCA 45-8-313 |
Nebraska | 1 to 20 years | Class ID felony under § 28-1206 |
Nevada | 1 to 6 years | Category B felony – NRS 202.360 |
New Hampshire | Up to 10 years | Class B felony |
New Jersey | 5 to 10 years | Graves Act requires mandatory minimum |
New Mexico | Up to 18 months | Fourth-degree felony |
New York | 3.5 to 15 years | Mandatory minimum under PL § 265.03 |
North Carolina | 1 to 10 years | Class G felony |
North Dakota | Up to 5 years | Class C felony |
Ohio | 1 to 5 years | Felony of the third degree |
Oklahoma | 1 to 10 years | Felony under 21 O.S. § 1283 |
Oregon | Up to 5 years | Felony under ORS 166.270 |
Pennsylvania | 5 to 10 years | Mandatory minimum 5 years |
Rhode Island | Up to 10 years | Felony under § 11-47-5 |
South Carolina | 1 to 10 years | Felony under § 16-23-30 |
South Dakota | Up to 2 years | Class 6 felony |
Tennessee | 3 to 6 years | Class C felony – mandatory 3 years |
Texas | 2 to 10 years | Firearm must be possessed within 5 years of release |
Utah | 1 to 15 years | Second-degree felony |
Vermont | Up to 2 years | Applies to violent felonies only |
Virginia | 2 to 5 years | Mandatory 5 for violent felons |
Washington | 1 to 10 years | Class B felony – RCW 9.41.040 |
West Virginia | 1 to 5 years | Felony under § 61-7-7 |
Wisconsin | Up to 10 years | Class G felony – § 941.29 |
Wyoming | Up to 3 years | Felony under W.S. § 6-8-102 |
Case Studies
Case 1: United States v. Daniels (2023)
- A man convicted of felony drug trafficking was pulled over in Missouri.
- Officers found a handgun under the passenger seat.
- The court ruled constructive possession, even though it wasn’t on his person.
- He received a 78-month federal prison sentence.
Case 2: State of Texas v. Jordan (2022)
- Jordan was a felon but claimed his wife owned the gun found in their bedroom.
- Court said shared access to the room was enough to establish possession.
- Convicted and sentenced to 5 years under Texas state law.
Case 3: U.S. v. Rahimi (2023) – Landmark Supreme Court Decision
- The Supreme Court upheld a gun ban for individuals with domestic violence restraining orders.
- This affirmed the constitutionality of firearm bans for dangerous individuals, including felons.
Learn More: Texas Gun Laws: Minimum Sentence for Felon in Possession of a Firearm
Penalties and Sentencing
Federal Penalties for Felon with a Gun:
- Up to 10 years in prison
- Up to $250,000 in fines
- Supervised release for 3 years after prison
- Sentencing enhancement if prior convictions are violent
Armed Career Criminal Act (ACCA)
If the felon has 3 or more prior violent or drug felony convictions, mandatory minimum jumps to:
- 15 years federal prison — no parole
That’s 15 years minimum, even if the gun wasn’t used!
Aggravating Factors That Increase Sentencing
Sentences increase when:
- The firearm was stolen
- The possession was near a school
- Ammunition was armor-piercing
- The felon fled from police
- Prior violent crimes are on record
- The firearm was modified (e.g., converted to automatic)
Legal Defenses to Firearm Possession Charges
Several defenses have been successfully used, such as:
Lack of Possession
- No control or knowledge of the weapon
- Example: Gun found in a car you borrowed
Illegal Search and Seizure
- Fourth Amendment violation by law enforcement
- Example: No warrant or probable cause
Temporary Possession (Necessity Defense)
- You only had the gun briefly to prevent harm
- Example: Took the gun from an attacker and called 911
Civil Rights Restored
- If your gun rights were legally restored by the state
Always consult a criminal defense attorney — these cases hinge on small legal details.
Can Felons Ever Restore Their Gun Rights?
Yes — in some cases.
Ways to regain rights:
- State pardon
- Expungement or sealing of records
- Restoration of civil rights (in states like Georgia, Minnesota)
- ATF Petition (was defunded, but possibly coming back)
In Texas, felons may possess firearms 5 years after completing sentence, but only in their home.
Always check state-specific laws. Restoration in one state doesn’t apply in another automatically.
Changes in 2024–2025: New Court Rulings & Gun Laws
- Biden Administration 2024 Rule Update: Increased tracking of straw purchases and ghost guns.
- U.S. v. Rahimi (2023) upheld bans on gun possession for those with protective orders.
- States like Illinois and Washington tightened gun laws related to violent felons.
Expect more gun safety regulations following increases in gun violence and public pressure.
Final Thoughts
Gun possession laws for felons are strict and unforgiving. Just having a firearm in your home or car—without using it—can land you in federal prison. That’s why it’s so important to understand:
- What counts as possession
- How your state treats gun rights restoration
- When it’s legal to challenge a charge
Whether you’re someone with a past felony, a family member, or just a concerned citizen—knowing the rules could save you years behind bars.
FAQs
Can a felon go to a shooting range?
No. Even holding or firing a gun at a range = possession.
What if the gun belonged to someone else?
If you had access or control, it can still count as possession.
Are BB guns or air rifles included?
In most states, no. But a few states treat them as firearms.
Can I live with someone who owns a gun?
Risky. If you have access, even indirectly, it could violate federal law.