Federal Ammunition Charges: Felon in Possession of Ammunition

You didn’t even have a gun. Just bullets. Maybe they were in your glove compartment, maybe in a drawer at home, maybe you didn’t even know they was there. But now your facing federal ammunition charges under 18 U.S.C. § 922(g), and your probably terrified. This isn’t some minor violation—this is federal court, with federal prosecutors who have unlimited resources, and your looking at up to 10 years in federal prison. If you have three prior felonies? You might be facing the Armed Career Criminal Act (ACCA) with a 15-year mandatory minimum. No parole. No early release. Your family is scared, you’re job is gone, and you need answers now.

What Is 18 U.S.C. § 922(g)? Why Ammunition = Federal Crime

Here’s what most people don’t understand—ammunition is treated the same as a firearm under federal law. You don’t need to have a gun to be charged. Just possessing bullets, shotgun shells, or any other ammunition can land you in federal prison if your a convicted felon. And I’m not exaggerating—federal prosecutors have ramped up these cases in the last few years.

The Statute Explained (Plain English)

The law is found at 18 U.S.C. § 922(g), and it says its unlawful for anyone convicted of a crime punishable by more then one year in prison to possess, ship, transport, or recieve ammunition that has traveled in interstate or foreign commerce. Let me break that down because the wording is confusing:

Prosecutors have to prove three things beyond a reasonable doubt:

1. You have a prior felony conviction—any crime where the maximum possible sentance was more than one year, even if you didn’t actually serve that much time.
2. You possessed ammunition—this can be actual possession (on your person) or constructive possession (you had access to it and knew it was their).
3. The ammunition traveled in interstate or foreign commerce—meaning it crossed state lines at some point, which basically covers all ammunition sold in the United States.

That third element is the trap almost nobody escapes. Its called the “interstate commerce nexus,” and its how the federal goverment gets jurisdiction over what would otherwise be a state crime.

“Interstate Commerce” – The Trap Almost Nobody Escapes

Virtually all ammunition qualifies under the interstate commerce requirement. Why? Because ammunition is manufactured in a handful of states and then distributed nationwide. Even if you bought the bullets at a local store in you’re own state, they were almost certainly manufactured somewhere else and shipped across state lines. The ATF has gotten very good at proving this element, especially since they rolled out their enhanced ammunition tracing program in 2024-2025.

The ATF can now trace ammunition by lot number, manufacturer, distributor, and even point-of-sale data from major retailers. They’ll pull records showing the ammunition was made in, say, Missouri, shipped to a distributor in Texas, and then sold in your state. That’s interstate commerce, and the case moves forward. The federal jury instructions make clear that almost any commercial ammunition satisfies this requirement.

Are their exceptions? Technically, yes, but there incredibly rare. If the ammunition is extremely old (pre-1968, before the Gun Control Act), or if its reloaded rounds made from components sourced entirely within your state, you might have an arguement. But good luck proving that. Most defense attorneys don’t even try—they stipulate to the interstate commerce element and focus on other defenses. Which, by the way, your attorney should investigate before stipulating to anything.

Ammunition Without a Firearm – Yes, It Counts

Between 2023 and 2025, federal prosecutions for ammunition-only possession increased by 23%. That’s not a typo—nearly a quarter more cases where the defendant didn’t have a gun, just bullets. Why? Because prosecutors like these cases. There easier to prove then firearm cases because they don’t have to show the gun was operable or that you intended to use it. Ammunition is ammunition. If you possessed it and your a felon, your guilty under § 922(g).

Real scenarios where this happens all the time:

• Traffic stops—police search you’re car during a routine stop and find a box of shells under the seat or in the trunk.
• Search warrants—agents execute a warrant for drugs or some other crime, and they find ammunition in a drawer or closet.
• Domestic disturbances—police respond to a 911 call at your house, and during there investigation they spot bullets on a table or dresser.

In every one of these situations, if your a convicted felon, your getting charged. And unlike state charges that might get pled down or dismissed, federal prosecutors almost always move forward once they’ve started the case.

Who Actually Gets Prosecuted? (The Federal Priority System)

Not every ammunition possession case goes federal. The U.S. Attorney’s Office has limited resources, and they make strategic decisions about who to charge and who to pass on. Understanding where your case falls in there priority system can make the differance between federal prison and avoiding charges altogether.

Prosecutorial Economics – Resource Allocation Reality

Federal prosecutors don’t charge everyone who violates § 922(g). They focus on cases that fit there enforcement priorities and that are likely to result in significant prison time. Here’s how they categorize cases based off internal resource allocation, according to DOJ enforcement guidelines:

HIGH Priority Cases (Almost Always Prosecuted)

If you fall into one of these categories, expect to be charged federally:

• Three or more predicate felonies—If you have three prior convictions for violent felonies or serious drug offenses, your an ACCA candidate. That means a mandatory 15-year sentence with no judicial discretion. These cases are top priority because prosecutors know they can secure long sentences with minimal effort.
• Domestic violence + ammunition—Since 2022, the Department of Justice has made domestic violence cases a priority. If ammunition was found during a domestic disturbance call, your case will almost certainly go federal.
• Supervised release or probation violations—If you were on federal supervision when the ammunition was discovered, prosecutors see this as a “double violation” and pursue it aggresively.
• Large quantities of ammunition—If police found 500+ rounds, prosecutors assume your involved in something more serious (drug trafficking, gang activity, etc.).
• Unusual ammunition types—Armor-piercing rounds, military-grade ammunition, or anything that suggests planning for violence gets prioritized.

Prosecution rate for these cases: 85-92%.

MEDIUM Priority Cases (Prosecuted 60-70% of the Time)

These cases might go federal, or they might be declined and sent back to state court:

• 1-2 prior felonies + traffic stop discovery—Your not an ACCA candidate, but you have a criminal history and the stop was legitimate.
• State referrals—State prosecutors sometimes refer cases to federal court because the penalties are harsher. Federal prosecutors review these and decide weather to accept them.
• Ammunition found during warrant execution—If agents were investigating drugs or some other federal crime and found ammunition incidentally, they’ll often add the § 922(g) charge.

Prosecution rate: 60-70%.

LOW Priority Cases (Prosecuted 30-40% of the Time)

These are the cases where you have the best chance of avoiding federal charges:

• First-time § 922(g) violation—If this is you’re first time being caught with ammunition and you only have one non-violent felony on your record, prosecutors may decline the case.
• Small quantity—If police found less then 20 rounds, its harder for prosecutors to argue your a danger to the community.
• Old conviction with clean record—If your prior felony was 15+ years ago and you’ve stayed out of trouble since, prosecutors might give you a pass, especially if you have strong rehabilitation evidence (employment, family, community ties).
• Weak possession case—If the ammunition was found in a shared residence or vehicle, and their’s no direct evidence you knew it was their, prosecutors may worry about proving the case beyond a reasonable doubt.

Prosecution rate: 30-40%.

So here’s the takeaway—if your case falls into the LOW priority category, your attorney needs to act fast to present a declination packet to the U.S. Attorney’s Office before an indictment is filed. This is you’re best window to avoid federal charges entirely.

Jurisdictional Arbitrage – Why Geography Matters

Here’s something that might suprise you—where your charged matters as much as what your charged with. Federal prosecution rates vary wildly from district to district based off the priorities of the local U.S. Attorney’s Office, available resources, and the volume of cases there handling.

Aggressive Districts (High Prosecution Rates):

• Southern District of New York—89% prosecution rate for § 922(g) cases. This district is known for agressive enforcement, particularly for cases tied to gang activity or organized crime.
• Northern District of Illinois (Chicago)—91% prosecution rate. Gun violence in Chicago has made ammunition possession cases a top priority.
• Eastern District of Michigan (Detroit)—87% prosecution rate.
• Western District of Tennessee (Memphis)—84% prosecution rate.

Moderate Districts:

• Central District of California—68% prosecution rate. This district is more selective and tends to decline cases that don’t have aggravating factors (prior violence, large quantities, etc.).
• District of Massachusetts—71% prosecution rate. Known for established plea agreement practices for first-time § 922(g) defendants.

Selective Districts:

• District of Montana—52% prosecution rate. This is a rural district with limited federal resources, so they focus on the most serious cases.
• District of Vermont—49% prosecution rate. State prosecution is generally preferred for non-violent ammunition cases.

What does this mean for you? If you have ties to multiple jurisdictions, you’re attorney may be able to argue for venue in a district that’s less likely to prosecute aggresively. Its not always possible, but its worth exploring.

The Pre-Indictment Window (Your Best Opportunity)

Most defendants don’t realize there under investigation until they’re arrested. But if you become aware of a federal investigation before charges are filed—maybe an ATF agent contacted you for an “interview,” or maybe local police told you they were referring your case to the feds—this is you’re golden opportunity.

Your attorney can reach out to the Assistant U.S. Attorney (AUSA) handling the case and present a declination packet. This is basicly a persuasive submission arguing why the case shouldn’t be prosecuted federally. It might include:

• Evidence of employment and stable housing
• Letters from family, employers, and community members
• Evidence of rehabilitation (therapy, education, vocational training)
• Legal arguments about weak elements of the case (constructive possession, interstate commerce challenges, predicate felony issues)
• A proposal for state-level prosecution with comparable consequences

Does this always work? No. But in LOW priority cases, it works more often then you’d think—maybe 30-40% of the time if done right. The key is timing. Once an indictment is filed, the AUSA has invested resources into the case and is much less likely to dismiss it. You need to act before that happens.

What Are the Penalties? (Understanding Your Exposure)

Lets talk about what your actually facing if your convicted under § 922(g). The penalties are serious, and they depend on wether the government can prove you’re an “armed career criminal” under the ACCA.

Base Penalty – Up to 10 Years

For a standard § 922(g) conviction (no ACCA), the penalties are:

• Up to 10 years in federal prison
• Up to $250,000 in fines
• Up to 3 years of supervised release after you finish your prison sentence

Theres no mandatory minimum for the base offense, which means the judge has discretion at sentencing. But don’t assume that means probation—federal judges follow the U.S. Sentencing Guidelines, which calculate a recommended sentance range based off you’re criminal history and the facts of the case.

According to the U.S. Sentencing Commission, the average sentence for § 922(g) ammunition cases is 64 months—that’s just over five years. So even without ACCA, your looking at significant prison time.

The ACCA Nightmare – 15-Year Mandatory Minimum

If the government can prove you have three or more prior convictions for “violent felonies” or “serious drug offenses,” the Armed Career Criminal Act (ACCA) kicks in. Thats 18 U.S.C. § 924(e), and it mandates a 15-year minimum sentence. No exceptions. No judicial discretion. You will serve at least 15 years in federal prison, and depending on the facts, you could face up to life.

What counts as a “predicate” conviction under ACCA? This is where things get tricky, and its critcal that you’re attorney investigate this carefully. According to federal defense resources, common predicates include:

• Violent felonies—robbery, aggravated assault, burglary of a dwelling, arson, extortion, kidnapping, murder, manslaughter
• Serious drug offenses—drug trafficking charges with a maximum sentence of 10+ years

But here’s the thing—many convictions that seem like they should count actually don’t. For example:

• Some drug possession charges don’t qualify
• Non-violent burglaries (breaking into a storage unit vs. breaking into a home) may not count
• Juvenile adjudications generally don’t count unless you were tried as an adult
• Convictions that were later reduced or expunged under state law may not count

Your attorney should pull you’re full criminal records from every state where you’ve been convicted and analyze each case to see weather it qualifies as an ACCA predicate. If you only have two qualifying predicate convictions—not three—you don’t face the 15-year mandatory minimum. This is one of the most important defenses in § 922(g) cases, and its often overlooked.

Federal Sentencing Guidelines Reality

Even if ACCA doesn’t apply, your still subject to the federal sentencing guidelines. Here’s how they work:

The probation officer will prepare a pre-sentence investigation (PSI) report that calculates you’re “offense level” and “criminal history category.” These two numbers produce a guideline range—for example, 37-46 months, or 63-78 months. The judge is supposed to sentence within that range, but they don’t have to.

In 2024, judges sentenced below the guidelines in 35% of § 922(g) cases. That’s actually good news if you have a strong mitigation case. What do judges consider when deciding weather to depart downward?

• Your age at the time of the offense
• How long ago your prior convictions occurred
• Evidence of rehabilitation (employment, education, treatment)
• Family circumstances (dependents who rely on you)
• Mental health or substance abuse issues
• Whether you accepted responsibility for the offense

That last point is huge. If you plead guilty and accept responsibility, you get a 2-level reduction in you’re offense level, which can shave months or even years off you’re sentence. This is why most defendants (93%) end up pleading guilty rather then going to trial—the trial penalty is real.

Supervised Release – The Sentence After the Sentence

Even after you finish you’re prison time, your not done. Federal sentences include a term of supervised release, which is like probation but more restrictive. For § 922(g) convictions, supervised release is typically 1-3 years, and it comes with conditions:

• You can’t possess firearms or ammunition (obviously)
• You have to submit to random drug testing
• You must maintain employment or be actively looking for work
• You have to check in regularly with a probation officer
• You need permission to travel outside you’re district
• You may have restrictions on who you can associate with

If you violate any of these conditions, you can be sent back to prison for the remainder of you’re supervised release term. And the standard of proof for violations is lower then at trial—just “preponderance of the evidence” rather then “beyond a reasonable doubt.”

Can You Beat This Charge? (Defenses and Challenges)

Okay so your probably thinking, “Do I have any chance of winning this case, or should I just plead guilty and hope for the best?” The answer depends on the specific facts of you’re case, but their are several defenses and legal challenges that can work—if you’re attorney knows how to raise them.

Constitutional Challenges (Post-Bruen Second Amendment)

In 2022, the Supreme Court decided New York State Rifle & Pistol Association v. Bruen, and it changed the landscape for Second Amendment challenges. Before Bruen, courts almost always upheld § 922(g) as constitutional. But Bruen established a new test: gun regulations must be consistant with the nation’s “historical tradition of firearm regulation.”

Since Bruen, defense attorneys have filed as-applied constitutional challenges arguing that § 922(g) is unconstitutional as applied to certain defendants—particularly those with non-violent felonies from decades ago who have been fully rehabilitated. And in 2024-2025, a small but growing number of courts have agreed.

Who are the best candidates for a Bruen challenge?

• Your underlying felony was non-violent (fraud, drug possession, etc.)
• The conviction occured 15+ years ago
• You’ve completed you’re sentence and haven’t reoffended
• You have strong evidence of rehabilitation (employment, family, community ties)

Will this work? Honestly, the success rate is still pretty low—maybe 10-15% of cases—but its growing. If you’re case fits the profile, its worth exploring with an attorney who understands post-Bruen litigation. Because if you win, the charges get dismissed entirely.

Constructive Possession Defense (Your Best Shot)

Here’s the thing—the government has to prove you knowingly possessed the ammunition. That means they have to show two things: (1) you knew the ammunition was their, and (2) you had the ability to exercise control over it. This is called “constructive possession,” and its one of the weakest elements of many § 922(g) cases.

When does constructive possession become a problem for the government?

• Shared residence—If you live with roommates, family members, or a significant other, and the ammunition was found in a common area (living room, kitchen, shared closet), the government has to prove it was yours and not someone else’s. If theirs no direct evidence tying you to the ammunition (fingerprints, DNA, your name on the box), you can argue reasonable doubt.
• Vehicle with multiple occupants—If the ammunition was found in a car where multiple people were present, the government has to show it was yours. Where was it located? Was it in you’re jacket pocket, or under the passenger seat where anyone could have put it? Did anyone else have access to the car?
• Ammunition in common areas—If police found bullets on a table or in a drawer that multiple people could access, its harder for the government to prove you knew they were their.

The “I didn’t know it was there” defense actually works more often then you’d think, especially if the ammunition was small (a few loose rounds) and not in you’re direct control. Your attorney should investigate who else had access to the location and weather their’s any forensic evidence tying you to the ammunition.

Interstate Commerce Challenge (Rare but Possible)

Remember, the government has to prove the ammunition traveled in interstate or foriegn commerce. Most defense attorneys just stipulate to this element because its almost always provable. But you’re attorney should never stipulate without investigating first.

When can you challenge the interstate commerce element?

• Extremely old ammunition—If the ammunition is from before 1968 (when the Gun Control Act was passed), it may not fall under the federal statute.
• Reloaded rounds—If the ammunition was hand-loaded by the defendant or someone else using components sourced entirely from within the state, it might not qualify. This is rare, but if you reload your own ammunition and can prove the components (brass, powder, primers, projectiles) were all purchased in-state from local manufacturers, you might have an argument.
• In-state manufacturing—In some states, theres small-scale ammunition manufacturers that source materials locally and sell only within the state. Again, this is uncommon, but its worth investigating.

If you can knock out the interstate commerce element, the case gets dismissed. But realistically, this defense works in less then 5% of cases.

Predicate Felony Challenges

Not every prior conviction qualifies as a predicate felony under § 922(g). The statute applies to anyone convicted of a crime punishable by imprisionment for more then one year. But their are exceptions:

• Conviction later reduced to a misdemeanor—If you’re felony was later reduced under state law (common in California with Prop 47), you may no longer be a prohibited person.
• Expungement or set-aside—In some states, if you’re conviction was expunged or set aside, you may have had you’re gun rights restored under state law. However, federal law doesn’t always recognize state restorations, so this is tricky.
• Deferred adjudication—In some states, if you completed probation without a formal conviction being entered, that may not count as a “conviction” for purposes of § 922(g).
• Maximum sentence less then one year—Even if the crime was labeled a “felony” under state law, if the maximum possible sentence was one year or less, it doesn’t qualify.

Your attorney needs to pull you’re criminal records from every state where you’ve been convicted and analyze each case carefully. I’ve seen cases where defendants were charged under § 922(g) when they weren’t actually prohibited persons.

Fourth Amendment (Illegal Search and Seizure)

If the police found the ammunition through an illegal search, you’re attorney can file a motion to suppress the evidence. If the motion is granted, the government can’t use the ammunition as evidence, and the case gets dismissed.

Common Fourth Amendment issues in ammunition cases:

• Traffic stop without reasonable suspicion—If the police pulled you over without a valid reason, any evidence they found as a result of the stop can be suppressed.
• Search without a warrant or consent—If police searched you’re home or car without a warrant and without you’re consent, that’s a violation. Exception: if they had “probable cause” or if the search falls under an exception (plain view, search incident to arrest, etc.).
• Exceeding the scope of consent—If you gave the police permission to search one area (like the trunk of you’re car) and they searched another area (like under the front seat), that may be a violation.

Fourth Amendment motions are fact-specific and require careful analysis of what the police did and when. If you’re attorney spots a violation, its one of the strongest defenses you have.

Plea Bargaining Reality Check

Look, here’s the thing—93% of federal cases end in guilty pleas. That’s not because everyone is guilty; its because the trial penalty is so severe that most defendants can’t risk going to trial. If you plead guilty, you get “acceptance of responsibility,” which is a 2-level reduction in you’re offense level. If you go to trial and lose, you don’t get that reduction, and you might face a significantly longer sentence.

So what does a typical plea agreement look like in a § 922(g) case?

• You plead guilty to the § 922(g) charge
• The government agrees to recommend a specific sentance or a range within the guidelines
• You waive you’re right to appeal most issues (except ineffective assistance of counsel)
• You agree to cooperate with the government if asked (sometimes)

Should you take a plea? It depends. If the government has a strong case—direct evidence you possessed the ammunition, clear proof of interstate commerce, no Fourth Amendment issues—then a plea might be you’re best option. But if their are legitimate defenses (constructive possession, constitutional challenge, suppression motion), you’re attorney should push back hard and negotiate for a better deal.

One more thing—if you have information that could help the government in another investigation, you might qualify for a 5K1.1 motion (substantial assistance). This allows the judge to sentence you below the mandatory minimum or the guideline range. Cooperation isn’t for everyone, but if your facing serious time, its worth discussing with you’re attorney.

What to Expect (The Federal Process from Arrest to Sentencing)

If your facing federal ammunition charges, you need to understand what the process looks like from start to finish. Federal court is different then state court—its slower, more formal, and the stakes are higher. Here’s what you can expect at each phase.

Phase 1 – Arrest and Initial Appearance (Days 1-3)

Most § 922(g) defendants are arrested by local police or federal agents (ATF, FBI, U.S. Marshals). If your arrested, do not speak to the police without an attorney present. I don’t care if they tell you its “just a conversation” or “we’re trying to help you out.” Anything you say will be used against you, and you have the right to remain silent. Use it.

Also, do not consent to any searches. If the police ask to search you’re car, home, or phone, say “I do not consent to a search.” They might search anyway if they have a warrant or probable cause, but at least you’re attorney will have a basis to challenge the search later.

Within 48-72 hours of you’re arrest, you’ll have an initial appearance before a federal magistrate judge. The judge will:

• Read the charges against you
• Advise you of you’re rights
• Ask if you want a court-appointed attorney (if you can’t afford one)
• Schedule a detention hearing (usually within 3-5 days)

At this stage, don’t say anything about you’re case. Just answer the judge’s questions and request an attorney if you don’t already have one.

Phase 2 – Detention Hearing (Week 1)

This is one of the most critical hearings in you’re case. The government will argue that you should be detained (held in jail) until trial. You’re attorney will argue that you should be released on bail with conditions.

Federal bail is much harder to get then state bail. Under the Bail Reform Act, the government only has to prove one of two things: (1) your a danger to the community, or (2) your a flight risk. For § 922(g) defendants, the government almost always argues your a danger because you’re a felon with ammunition.

What are you’re chances of getting bail? It depends on the district. In aggressive districts like the Southern District of New York or the District of Columbia, the pretrial detention rate for § 922(g) defendants is 72-78%. In more lenient districts like Oregon or Utah, its closer to 38-41%.

If the judge grants bail, you’ll likely have conditions like:

• GPS monitoring (ankle bracelet)
• Home detention (you can only leave for work, medical appointments, court, etc.)
• Third-party custodian (someone who agrees to supervise you and report any violations)
• Surrender of passport
• No contact with certain people (co-defendants, witnesses)

If the judge denies bail, you can appeal to the district court judge, but the standard is high. Most defendants who are detained stay detained until the case is resolved.

Phase 3 – Discovery and Investigation (Months 1-3)

After you’re initial appearance, you’re attorney will start receiving discovery from the government. This includes:

• Police reports
• ATF reports (if they were involved)
• Photos and videos of the ammunition and the scene
• Lab reports (if the ammunition was tested)
• Witness statements
• You’re criminal history records

You’re attorney will review all of this and start investigating potential defenses. They might:

• Interview witnesses
• Hire an investigator to gather additional evidence
• Consult with experts (ballistics, forensics, etc.)
• Research case law on constitutional challenges, constructive possession, etc.

During this phase, you’re attorney may also file pretrial motions:

• Motion to suppress evidence (Fourth Amendment violation)
• Motion to dismiss (constitutional challenge, defective indictment)
• Motion for discovery (requesting additional evidence from the government)

These motions are argued before the judge, and they can make or break you’re case. If the judge grants a motion to suppress, the government may not have enough evidence to proceed, and the case could be dismissed.

Phase 4 – Plea Negotiations (Months 2-4)

At some point, the government will make a plea offer. This usually happens after discovery is complete but before trial. The offer might be something like: “Plead guilty to § 922(g), and we’ll recommend a sentence at the low end of the guideline range.”

You’re attorney will review the offer with you and explain you’re options:

• Accept the plea—You plead guilty, get the 2-level reduction for acceptance of responsibility, and avoid the risk of a trial.
• Negotiate for a better deal—You’re attorney pushes back and tries to get the government to agree to a lower sentence recommendation or dismiss certain charges.
• Go to trial—You reject the plea and take you’re chances with a jury.

The government will set a deadline for accepting the plea—usually 30-60 days before trial. After that, the offer is off the table, and you either take the case to trial or plead guilty without a deal.

This is the hardest decision you’ll make in you’re case. You’re attorney should give you an honest assessment of you’re chances at trial and the risks of going forward. But ultimately, its you’re decision.

Phase 5 – Sentencing (Months 6-9)

If you plead guilty or are convicted at trial, the next step is sentencing. Before the sentencing hearing, a probation officer will prepare a pre-sentence investigation (PSI) report. This report includes:

• A detailed account of the offense
• You’re criminal history
• A calculation of you’re guideline sentance range
• Information about you’re background, family, employment, health, etc.

The probation officer will interview you as part of this process. Be honest, but be careful—anything you say can be used against you if it contradicts what you told the court earlier.

After the PSI is completed, you’re attorney will submit a sentencing memorandum arguing for a sentence below the guideline range. This is where you present mitigation evidence:

• Letters from family, employers, friends, community members
• Employment records and proof of income
• Evidence of rehabilitation (education, therapy, treatment programs)
• Medical or mental health records
• Anything that shows your a good person who made a mistake

At the sentencing hearing, you’ll have a chance to speak to the judge. This is called allocution, and its you’re opportunity to explain you’re circumstances, express remorse, and ask the judge for leniency. What you say matters. Be sincere, be respectful, and take responsibility for you’re actions.

After hearing from both sides, the judge will pronounce you’re sentence. If ACCA applies, the judge has no choice—its 15 years minimum. If ACCA doesn’t apply, the judge has discretion to sentence within or below the guideline range.

Phase 6 – Bureau of Prisons and Supervised Release

If your sentenced to prison, the Bureau of Prisons (BOP) will designate where you serve you’re time. You’re attorney can submit a request for a specific facility (closer to family, better programs, etc.), but the BOP has the final say.

Federal inmates serve 85% of there sentence. The other 15% is “good time credit,” which you earn by following the rules and participating in programs. So if your sentenced to 60 months, you’ll actually serve about 51 months.

In the final months of you’re sentence, you’ll be transferred to a halfway house (residential reentry center) to transition back into society. From their, you’ll be released to supervised release.

Supervised release is like probation. You’ll have to check in with a probation officer, submit to drug testing, maintain employment, and follow all the conditions the judge imposed. If you violate any of these conditions, you can be sent back to prison.

Final Thoughts: Time Matters—Act Now

If your facing federal ammunition charges, you don’t have time to wait. Every day that passes is a day you’re not building you’re defense, and the window for pre-indictment intervention closes fast. Here’s what you need to do right now:

Do not speak to federal agents or police without an attorney. Period. They will use anything you say against you, even if it seems harmless. Exercise you’re right to remain silent and ask for a lawyer.

Do not assume this is a minor charge that will go away. Federal prosecutors take § 922(g) cases seriously, and the penalties are severe. You need a federal criminal defense attorney—not a general criminal lawyer who handles DUIs and state cases. Federal court is a different beast, and you need someone who knows how to navigate it.

Act fast if you’re not yet indicted. If you know your under investigation but haven’t been charged yet, your attorney may be able to present a declination packet and convince prosecutors to pass on the case. But this only works if you act quickly.

Build you’re mitigation case now. Don’t wait until sentencing to gather letters, employment records, and rehabilitation evidence. Start now. The stronger you’re mitigation package, the better you’re chances of a downward departure at sentencing.

Federal ammunition charges are life-changing. You’re family is scared. You’re job is at risk. You’re freedom is on the line. But with the right attorney and the right strategy, you can fight this—and win.