Felon in Possession of a Firearm: Laws, Penalties & Legal Defenses

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:

  1. Actual Possession – Holding, wearing, or carrying the firearm.
  2. 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

StateState Penalty for Felon with GunExtra Notes
Alabama1 to 20 years in prisonClass C felony under §13A-11-72
AlaskaUp to 5 years in prisonClass C felony – AS 11.61.200
Arizona2.5 to 7 yearsAggravated under A.R.S. §13-3102
Arkansas3 to 10 yearsFelony under § 5-73-103
CaliforniaUp to 3 years in prisonFelony under Penal Code § 29800
Colorado1 to 3 yearsClass 5 felony under CRS § 18-12-108
Connecticut2 to 10 yearsMandatory 2-year minimum
Delaware3 to 25 yearsEnhanced if prior violent felony
Florida3-year minimum mandatory10-20-Life law applies
Georgia1 to 5 years in prisonNo mandatory minimum
HawaiiUp to 10 yearsFelony under HRS §134-7
IdahoUp to 5 yearsEnhanced if crime involves violence
Illinois2 to 10 yearsClass 2 felony – 720 ILCS 5/24-1.1
Indiana1 to 12 yearsLevel 5 or Level 4 felony
IowaUp to 5 yearsClass D felony under § 724.26
Kansas5 to 20 yearsBased on criminal history score
Kentucky1 to 5 yearsClass D felony under KRS § 527.040
Louisiana5 to 20 yearsMandatory 5 years under R.S. § 14:95.1
MaineUp to 5 yearsClass C felony under § 393
MarylandUp to 15 yearsMandatory 5 if prior violent felony
Massachusetts1 to 5 yearsFelony under MGL c. 269 § 10G
MichiganUp to 5 yearsFelony under MCL 750.224f
MinnesotaUp to 15 years5-year mandatory if prior violent felony
Mississippi1 to 10 yearsFelony under Miss. Code § 97-37-5
Missouri5 to 15 yearsClass D felony – enhanced for prior offenses
MontanaUp to 5 yearsFelony under MCA 45-8-313
Nebraska1 to 20 yearsClass ID felony under § 28-1206
Nevada1 to 6 yearsCategory B felony – NRS 202.360
New HampshireUp to 10 yearsClass B felony
New Jersey5 to 10 yearsGraves Act requires mandatory minimum
New MexicoUp to 18 monthsFourth-degree felony
New York3.5 to 15 yearsMandatory minimum under PL § 265.03
North Carolina1 to 10 yearsClass G felony
North DakotaUp to 5 yearsClass C felony
Ohio1 to 5 yearsFelony of the third degree
Oklahoma1 to 10 yearsFelony under 21 O.S. § 1283
OregonUp to 5 yearsFelony under ORS 166.270
Pennsylvania5 to 10 yearsMandatory minimum 5 years
Rhode IslandUp to 10 yearsFelony under § 11-47-5
South Carolina1 to 10 yearsFelony under § 16-23-30
South DakotaUp to 2 yearsClass 6 felony
Tennessee3 to 6 yearsClass C felony – mandatory 3 years
Texas2 to 10 yearsFirearm must be possessed within 5 years of release
Utah1 to 15 yearsSecond-degree felony
VermontUp to 2 yearsApplies to violent felonies only
Virginia2 to 5 yearsMandatory 5 for violent felons
Washington1 to 10 yearsClass B felony – RCW 9.41.040
West Virginia1 to 5 yearsFelony under § 61-7-7
WisconsinUp to 10 yearsClass G felony – § 941.29
WyomingUp to 3 yearsFelony 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)

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.

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I’m Jeremy Larry, once enjoying a fulfilling career and life, then reshaped by a felony conviction. This pivotal moment drove me to help others facing similar challenges. Today, I dedicate my efforts to guiding felons in finding employment, housing, and financial aid through comprehensive resources and advocacy. My mission is clear: to provide a pathway to redemption and a second chance for those who seek it.
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