Federal Gun Charges: Felon in Possession, 924(c), and Penalties
Two of the main federal gun charges are possession of a firearm or ammunition by a "prohibited person" under 18 U.S.C. § 922(g), such as someone with a felony conviction, and using or carrying a gun during a crime of violence or drug trafficking crime under 18 U.S.C. § 924(c). A § 922(g) violation carries up to 15 years, or a 15-year minimum for people with three qualifying prior convictions, and § 924(c) carries mandatory minimum terms that must be served on top of any other sentence.
What the law says
- 18 U.S.C. § 922(g) makes it unlawful for certain people to ship, transport, possess, or receive firearms or ammunition, including anyone convicted of a crime punishable by more than one year in prison, fugitives from justice, unlawful users of or people addicted to controlled substances, people adjudicated as a mental defective or committed to a mental institution, and people illegally or unlawfully in the United States. 18 U.S.C. § 922 (govinfo.gov)
- Section 922(g) also covers people dishonorably discharged from the Armed Forces, people who renounced U.S. citizenship, people subject to qualifying domestic-violence restraining orders, and people convicted of a misdemeanor crime of domestic violence. 18 U.S.C. § 922 (govinfo.gov)
- Under 18 U.S.C. § 922(n), a person under indictment for a crime punishable by more than one year may not ship or transport firearms or ammunition in interstate or foreign commerce or receive firearms or ammunition that have moved in such commerce. 18 U.S.C. § 922 (govinfo.gov)
- Knowingly violating § 922(d) or § 922(g) carries up to 15 years in prison. 18 U.S.C. § 924 (govinfo.gov)
- Under the Armed Career Criminal Act, 18 U.S.C. § 924(e), a person who violates § 922(g) after three prior convictions for violent felonies or serious drug offenses committed on different occasions faces a minimum of 15 years, with no suspended sentence or probation. 18 U.S.C. § 924 (govinfo.gov)
- Using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime (or possessing one in furtherance of such a crime) under § 924(c) carries a minimum of 5 years, 7 years if the gun is brandished, and 10 years if it is discharged. 18 U.S.C. § 924 (govinfo.gov)
- Under § 924(c), the minimum is 10 years for a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, and 30 years for a machinegun, destructive device, or a gun with a silencer; a later § 924(c) conviction after a prior one has become final carries at least 25 years. 18 U.S.C. § 924 (govinfo.gov)
- A § 924(c) sentence cannot be served as probation and cannot run concurrently with any other prison term. 18 U.S.C. § 924 (govinfo.gov)
- In United States v. Rahimi (2024), the Supreme Court held that a person found by a court to pose a credible threat to another's physical safety may be temporarily disarmed consistent with the Second Amendment; in Erlinger v. United States (2024), it held that a unanimous jury must decide beyond a reasonable doubt whether past offenses were committed on separate occasions under the Armed Career Criminal Act. Supreme Court of the United States, Opinions of the Court, October Term 2023 (case summaries)
- The U.S. Sentencing Commission reports that 7,245 of 66,662 federal cases in fiscal year 2025 involved § 922(g) convictions; 98% of those individuals were sentenced to prison, the average sentence was 72 months, and 2% were sentenced under the Armed Career Criminal Act. U.S. Sentencing Commission, Quick Facts: Section 922(g) Firearms Offenses (FY 2025)
- The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is among the federal agencies whose investigators gather evidence for U.S. Attorneys. U.S. Department of Justice, Justice 101: Investigation
FAQ
Is it a federal crime for a felon to have a gun?
Yes. 18 U.S.C. § 922(g)(1) bars anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition, and a knowing violation carries up to 15 years.
Does the ban cover ammunition too?
Yes. Section 922(g) applies to firearms and ammunition.
What is a 924(c) charge?
It is using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime, or possessing one in furtherance of such a crime. It carries mandatory minimums of 5, 7, or 10 years (more for certain weapons) that run on top of the sentence for the underlying crime.
What is the Armed Career Criminal Act?
It is 18 U.S.C. § 924(e), which sets a 15-year minimum for a § 922(g) violation by someone with three prior violent felony or serious drug offense convictions committed on different occasions. In Erlinger v. United States (2024), the Supreme Court held that a unanimous jury must find the separate-occasions fact beyond a reasonable doubt.
Can someone under a domestic violence restraining order have a gun?
Not if the order meets § 922(g)(8)'s requirements. In United States v. Rahimi (2024), the Supreme Court upheld temporarily disarming a person a court has found to pose a credible threat to another's physical safety.
How long are federal felon-in-possession sentences?
The U.S. Sentencing Commission reports an average sentence of 72 months for § 922(g) cases in fiscal year 2025, with 98% sentenced to prison.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.