Criminal Defense Lawyers

Federal Felon In Possession Charges 18 Usc 922G Defense

You’ve been arrested for being a felon in posession of a firearm. This isn’t a state charge—its federal, which means your facing the full weight of the United States goverment. The stakes couldn’t be higher. Federal mandatory minimums, decades in federal prison, and a conviction rate that hovers above 90%. Your probably terrified, and you should be.

But their are defenses, and the constitutional landscape has shifted dramatically since 2022. Every day you wait, prosecutors are building they’re case. You need to understand what your up against, and you need to act now.

Understanding 18 USC 922(g) – What Your Actually Charged With

Federal law makes it illegal for certain catagories of people to possess firearms. 18 U.S. Code § 922(g) lists nine seperate categories of prohibited persons, but the most common—and the one your probly facing—is subsection (g)(1): convicted felons. If you’ve been convicted of a crime punishable by more then one year in prison, federal law says you can’t possess a firearm. Period.

To convict you, the goverment has to prove three elements beyond a reasonable doubt:

1. Prior Felony Conviction: You have a prior conviction for a crime punishable by more than one year imprisonment. This doesn’t mean you served a year—just that the crime could have resulted in a year or more. State and federal felonies both count, and the prosecutor will submit certified copies of you’re prior conviction to prove this element.

2. Knowing Possession of a Firearm: You knowingly possessed a firearm. “Possession” has two forms—actual possession (the gun was on you, in your hand, in you’re pocket) and constructive possession (the gun was in a place you controlled, like your car or home, and you knew it was their). The government must prove you knew the firearm was there and had the ability and intent to control it.

3. Interstate Commerce Connection: The firearm traveled in interstate commerce at some point. This element is almost always satisfied—if the gun was manufactured outside you’re state, it counts. Prosecutors prove this by showing where the firearm was made, and this element is rarely disputed.

Other subsections of 922(g) prohibit firearm posession by people with domestic violence convictions, individuals under restraining orders, drug users, fugitives, and others. Each category has diffrent defense strategies, but 922(g)(1)—convicted felons—is by far the most prosecuted.

The distinction between actual and constructive possession is huge. If the gun was in your pocket when police arrested you, that’s actual posession, and its nearly impossible to defend. But if the gun was in a car with three other people, or in a house where multiple people lived, thats constructive possession—and the goverment’s burden becomes much harder. We’ll get to that later.

Why Your Being Federally Prosecuted (Not State) – The Selection Process

Here’s what most people don’t realize: only 3-5% of felon-in-possession cases go federal. The vast majority stay in state court, where penalties are often lighter and plea deals more common. So why you? Why did federal prosecutors decide to make an example out of your case?

The answer comes down to prosecutorial economics. Federal prosecutors—Assistant U.S. Attorneys—have limited resources. They can’t prosecute every gun case, so they pick and choose based off a internal scoring system. Based off interviews with former federal prosecutors and analysis by federal defender offices, here’s how the decision gets made:

Criminal History (40% of the decision):

If you have three or more prior felonies, your case is almost certainly going federal. If you have any prior federal conviction, its definitely going federal. Prior gun convictions? Federal. Currently on probation or parole? Federal. But if you’ve got a single old conviction from 15 years ago and no other arrests, theres a decent chance your case stays state.

Violence and Dangerousness (30% of the decision):

Are you in a gang database? Federal. Do you have prior violent crimes on you’re record? Federal. Was the firearm loaded when they found it? Increases federal interest. Were you useing the gun in connection with another crime, even if they didn’t charge that crime? Federal. Multiple firearms? Definitely federal.

But if this was simple posession—gun found during a traffic stop, no violence, no other criminal activity—it usually stays state.

Case Strength (20% of the decision):

Do they have you’re fingerprints or DNA on the gun? Federal. Is their video surveillance of you possessing it? Federal. Did you make statements to police admitting you had the gun? Federal prosecutors love strong cases because they have a 93% conviction rate to protect. But if its a weak constructive posession case—gun found in a car with multiple occupants, no forensics, Fourth Amendment issues—the case often stays state. Why?

Because federal prosecutors don’t want to risk loosing and creating bad precedent.

Political and Media Factors (10% of the decision):

Is your case high-profile? Media attention? Part of a larger investigation into drug trafficking or organized crime? Then its going federal irregardless of other factors. But if your a random guy pulled over on a traffic stop with no media interest, you might stay state.

District matters to. The Southern District of New York prosecutes 922(g) cases aggressively—they often package gun charges with gang conspiracy and racketeering. The Northern District of Illinois (Chicago) has over 300 922(g) cases annually; they’re selective but still file alot. The District of Massachusetts, on the other hand, is more progressive—they’ve started offering pretrial diversion for some first-time federal gun offenders with nonviolent predicates.

The key point: Your case didn’t end up federal by accident. Someone—an ATF agent, a local detective, a federal task force officer—flagged your case and pushed it to the U.S. Attorney’s Office. That office then decided you fit they’re prosecution priorities. Understanding why you were selected can actually help you’re defense, because if you can show the case is weaker then they thought, or that you don’t fit the typical profile, prosecutors might be willing to negotiate.

The Penalties Your Facing – Understanding You’re Exposure

Lets talk about what your actually looking at. The base penalty for violating 18 USC 922(g)(1) is up to 10 years in federal prison. No mandatory minimum for the base offense—meaning a judge could sentence you to probation, or could give you the full 10 years, depending on the circumstances and you’re criminal history.

But here’s were it gets brutal: the Armed Career Criminal Act (ACCA). If you have three or more prior convictions for “violent felonies” or “serious drug offenses,” ACCA mandates a 15-year minimum sentence. Not a suggestion. Not a guideline. A mandatory minimum—the judge has no discretion to go lower. And the maximum under ACCA? Life in prison.

ACCA is were alot of defendants get destroyed. A prior robbery conviction? Thats a violent felony. A prior aggravated assault? Violent felony. Three prior drug trafficking convictions? Serious drug offenses. Suddenly your looking at 15 years minimum, and judges often sentence closer to 20-25 years.

However—and this is crucial—the definition of “violent felony” has been narrowing. In Borden v. United States (2021), the Supreme Court held that reckless crimes don’t qualify as violent felonies under ACCA. Lower courts have been applying this more strictly in 2024 and 2025. Many state assault convictions, burglaries, and even some robbery convictions no longer qualify.

Federal defenders are successfully challenging ACCA enhancements in 20-30% of cases were its applied. So if the prosecutor is trying to hit you with ACCA, don’t assume your prior convictions actually qualify—get an attorney who knows how to challenge predicate offenses.

Sentencing guidelines also matter. Even without ACCA, the U.S. Sentencing Guidelines calculate you’re sentence based off two factors: offense level and criminal history category. For a standard 922(g)(1) case, the base offense level is typically 14-20 (depending on the type of firearm). Your criminal history category ranges from I (little or no record) to VI (extensive record). The combination of these produces a guidelines range.

For example:

• Offense Level 18, Criminal History Category III = 30-37 months
• Offense Level 24, Criminal History Category VI = 100-125 months

Enhancements can increase you’re offense level. If the gun was stolen, thats +4 levels. If the serial number was obliterated, thats +2 levels. These enhancements add years.

According to U.S. Sentencing Commission data, the median sentence for 922(g)(1) cases is 48-60 months (4-5 years). For ACCA cases, its 180-240 months (15-20 years). These are real numbers, not abstractions.

And federal prison is not state prison. Their’s no parole in the federal system—you serve atleast 85% of you’re sentence (15% maximum reduction for good behavior). If you get sentenced to 10 years, your doing 8.5 years minimum. Federal prisons are often hundreds of miles from you’re family, making visits difficult or impossible. The stakes are enormous.

But judges can vary from the guidelines. Under 18 U.S.C. § 3553(a), judges consider factors like the nature of you’re prior offense, how long ago it occured, you’re behavior since then, family circumstances, and employment. If you have a 20-year-old nonviolent felony and no arrests since, some judges will sentence below the guidelines—sometimes significantly. This is called a “variance,” and its become more common in recent years, especially for defendants with old convictions who’ve turned they’re lives around.

You’re Defenses – What Actually Works (And What’s Just Marketing)

Now we get to the critical question: Can you beat this charge?

The short answer is: it depends. Some defenses work in specific scenarios; others are long shots. Alot of defense attorneys advertise “constitutional challenges” and “aggressive defense” without telling you the real success rates. Here’s the truth, based off data from federal defender offices and former prosecutors.

Constitutional Challenges (Post-Bruen and Rahimi)

In June 2022, the Supreme Court decided New York State Rifle & Pistol Association v. Bruen, which fundamentally changed Second Amendment analysis. Courts now have to determine whether firearm restrictions are “consistent with this Nation’s historical tradition of firearm regulation.” This opened the door for challenges to 922(g).

In June 2024, the Court decided United States v. Rahimi, upholding 922(g)(8) (the subsection for people under domestic violence restraining orders). But the decision created a framework that defense attorneys are useing to challenge other 922(g) provisions, especially for nonviolent felons with old convictions.

Heres the reality: Constitutional challenges to 922(g) succeed in 3-5% of cases (meaning the charge gets dismissed entirely). However, they have a strategic impact in 15-20% of cases—prosecutors offer better plea deals, drop ACCA enhancements, or agree to sentencing variances because they don’t want to risk loosing and setting bad precedent.

Cases Most Likely to Succeed:

• Nonviolent felony predicates from decades ago: If your prior conviction was for drug posession in 1995 and you haven’t been arrested since, you’ve got a stronger argument that disarming you for life doesn’t fit historical tradition. Success rate in the 5th Circuit: 15-20%. Other circuits: lower.
• State misdemeanors elevated to “felonies”: Some state misdemeanors carry maximum penalties of 2+ years, making them “felonies” for federal purposes even though they’re misdemeanors under state law. Courts are more receptive to challenges here. Success rate: 10-15%.
• White-collar felonies: Wire fraud, tax evasion, embezzlement—crimes with no violence. The argument is that historical disarmament laws focused on dangerous people, not just anyone with a felony. Success rate: 5-10%.

Cases Unlikely to Succeed:

• Recent violent felony predicate: 0-1%
• Multiple prior gun offenses: 0%
• Felony involving firearms: 0%

The 5th Circuit (Texas, Louisiana, Mississippi) is most receptive to these challenges. The 3rd Circuit (Pennsylvania, New Jersey, Delaware) analyzes them case-by-case. The 9th and 11th Circuits remain more prosecution-friendly. If your in the Southern District of New York, constitutional challenges rarely succeed—but they still have strategic value in plea negotiations.

Look, even if the motion gets denied, filing a constitutional challenge shows the judge this isn’t a routine case. It forces the prosecutor to justify why you specifically should loose you’re Second Amendment rights for life. And it creates a record for appeal. So even with a 3-5% success rate, its often worth filing—especially if you fit one of the stronger scenarios.

Constructive Possession Defense

If the gun wasn’t in you’re pocket—if it was in a car, a house, a bag—you might have a constructive possession defense. The goverment has to prove you knew the firearm was there, had the ability to control it, and had the intent to control it. All three elements.

If they can’t prove one, you win.

High-Success Scenarios:

Multiple Occupants (40-50% success rate): Gun found in a shared apartment with three roommates. No fingerprints, no DNA, no statements. Who’s gun was it? The government has to prove it was your’s, not someone else’s. If everyone had equal access, the goverment’s case falls apart. Defense attorneys win these cases regularaly—especially if their’s no forensic evidence tying you to the firearm.

Passenger in Vehicle (30-40% success rate): Your riding in someone else’s car. Police pull the car over, search it, find a gun under the seat or in the glove compartment. Did you know it was their?

The government has to prove you did. If you just got in the car five minutes ago, how could you have known? If the driver owned the car, why isn’t it his gun? These defenses work, especially if you can show you didn’t own or control the vehicle.

Brief Presence (35-45% success rate): Police raid a house. You’ve been their for 20 minutes visiting a freind. They find a gun in the living room. Did you know it was there? Did you have the ability and intent to control it? Probably not—you just walked in. The government struggles with these cases because they can’t prove you had sufficient time to even know the gun existed.

Low-Success Scenarios:

• Gun in you’re bedroom: 5-10% success. Courts assume you know whats in your own bedroom.
• You’re fingerprints on the gun: 1-2% success. Game over.
• You made statements about the gun: 0-1% success. Never talk to police.
• Actual possession (gun in you’re waistband/pocket): 0% success.

The key is forensic evidence. If their’s no fingerprints, no DNA, no gunshot residue on you’re hands, the goverment’s case is circumstantial. And if multiple people had access, the goverment can’t prove beyond a reasonable doubt that you possessed it. Constructive posession defenses work—but only in the right scenarios.

Fourth Amendment Suppression

If police violated you’re Fourth Amendment rights when they found the gun, you can file a motion to suppress. If the motion succeeds, the gun gets excluded from evidence—and without the gun, the government usually dismisses the case.

Suppression motions succeed in about 10-15% of federal 922(g) cases. But when they win, the case is over.

High-Success Patterns:

• Warrantless vehicle search without probable cause (25-30% success): Police pulled you over for a traffic violation, then searched you’re car without you’re consent and without probable cause. If the stop was pretextual and the search was unlawful, the gun gets suppressed.
• Parole/probation search exceeding authorized scope (20-25% success): If your on parole, you probably agreed to warrantless searches. But those searches have limits. If the parole officer exceeded the scope of what was authorized, the evidence might get suppressed.
• Coerced consent search (15-20% success): Police asked for you’re consent to search, and you said yes—but you felt like you had no choice. If video shows police coercing or intimidating you into consenting, the consent wasn’t voluntary, and the search was unlawful.

Even if the motion gets denied, it has value. Filing a suppression motion forces the goverment to reveal its evidence early. You get to see police reports, body camera footage, and witness statements. You learn the strengths and weaknesses of they’re case.

And sometimes, after seeing the evidence at a suppression hearing, prosecutors realize they’re case is weaker then they thought—and they offer a better plea deal.

Rights Restoration Defense (Overlooked)

Heres a defense most attorneys miss: if you’re gun rights were legally restored under state law before the federal offense, you may have a complete defense.

Federal law defers to state law on this issue. If you’re state granted you a pardon that explicitly restored gun rights, or if you’re state has a process for automatic restoration of rights after a certain period, and you went through that process before you possessed the firearm, then you weren’t a “prohibited person” under 922(g).

Requirements:

• Restoration must have occured before the current offense (can’t restore rights after you’re arrested and use it as a defense)
• Must be explicit about gun rights (general civil rights restoration often doesn’t include firearms)
• Must comply with state law procedures

States with easier restoration: Ohio (automatic after 3 years for many felonies), Minnesota (judicial restoration available), Utah (relatively accessible process).

States were its nearly impossible: New York, California, and if you’re prior conviction was federal (their’s no restoration mechanism for federal convictions—this is a trap).

Why do attorneys miss this? Because it requires detailed research into state law at the time of restoration, and most defendants don’t even know they’re rights were restored. But if this applies to you, its a complete defense. The case should be dismissed. You need documentation proving restoration occured before the current offense.

Challenging the Predicate Conviction

Does you’re prior conviction actually qualify as a “felony” under federal law? Sometimes the answer is no. If the prior conviction was for a state offense punishable by two years or less, it might not meet the federal definition of a felony. And if the prosecutor is trying to apply the ACCA enhancement, you can challenge whether you’re prior convictions actually qualify as “violent felonies” or “serious drug offenses.”

Success rate for challenging ACCA predicates: 15-25%. Since Borden v. United States (2021), courts have been more willing to find that certain state crimes don’t qualify. If you’re attorney knows how to analyze the elements of you’re prior convictions and compare them to the federal definitions, you might be able to knock out one or more predicates—and if you loose the third predicate, you loose the ACCA enhancement entirely.

That’s the diffrence between 15 years mandatory and a guideline sentence of 3-5 years.

You’re Timeline and Critical Decisions – From Arrest to Sentencing

Hour 0-24: Arrest and Initial Detention

Your arrested. Police find the gun. They run you’re record, see the prior felony. Federal agents—ATF, FBI—might be called to the scene, or local police notify a federal task force. Your booked into custody.

Critical Mistakes People Make:

• DON’T talk to police about the gun. “It’s for protection.” “I didn’t know I couldn’t have it.” “I found it.” Every statement you make will be used against you. Police are trained interrogators.
• DON’T consent to searches of you’re phone, car, or home. You can’t un-consent.
• DON’T explain where the gun came from. You’re giving them evidence.
• DON’T discuss you’re case with cellmates. Jails are full of informants who will testify against you in exchange for deals on they’re own cases.

What You Should Do:

• Invoke you’re right to counsel immediately. “I want a lawyer.”
• Invoke you’re right to remain silent. “I’m not answering questions.”
• Contact a federal criminal defense attorney (not a general attorney—you need someone who knows federal firearms law).

Hour 24-72: Initial Appearance and Detention Hearing

You appear before a magistrate judge. The charges are read. The court decides whether to release you on bail or detain you pending trial.

The bail reality: If you have multiple prior felonies, your probly getting detained. If the prosecutor alleges an ACCA enhancement, your almost certainly detained. But if you have a nonviolent predicate, stable employment, strong family ties, and no recent criminal activity, bail is possible—usually $50,000-$250,000 with GPS monitoring and home detention.

Should you contest detention? Usually yes, even if its unlikely you’ll win. It creates a record for appeal, and it forces the goverment to show some of its evidence early.

Week 1-3: The Federal Adoption Decision

State and federal prosecutors communicate. The U.S. Attorney’s Office decides whether to “adopt” the case for federal prosecution. If they decline, the case proceeds in state court (often a much better outcome).

Can you’re attorney influence this?

Sometimes. You’re attorney can contact the Assistant U.S. Attorney and argue against federal prosecution—highlight weaknesses in the case (Fourth Amendment issues, weak constructive posession evidence), emphasize mitigation (old conviction, no recent arrests, family support). Prosecutors sometimes decline federal prosecution if the case is marginal or if it doesn’t fit they’re priorities. Its worth trying.

Week 3-5: Indictment

The grand jury returns an indictment. (Grand juries indict 99.9% of the time—they’re not a real check on prosecutorial power.) The charges are now formal.

What the indictment tells you: Is ACCA alleged? This is the key question. If the indictment lists three prior violent felonies or serious drug offenses, your facing a 15-year mandatory minimum. If not, your in a much better position. Also, are their any additional charges (drug conspiracy, stolen firearm, etc.)? Each charge adds complexity and exposure.

Month 2-4: Pretrial Motions

This is were you’re defense begins in earnest.

Motion to Suppress (Fourth Amendment): If police violated you’re rights, file this motion. Deadline is usually 45 days after arraignment. Success rate: 10-15%, but strategic value is higher.

Motion to Dismiss (Constitutional Challenge): Challenge 922(g) as applied to you’re specific facts. Success rate: 3-5%, but can influence plea negotiations.

Motion to Challenge Predicate Conviction: Argue the prior conviction doesn’t qualify as a felony, or challenge ACCA predicate offenses. Success rate for ACCA challenges: 15-25%.

The Plea Negotiation Window

The initial offer usually comes after indictment. The best offers often come right before a suppression hearing or trial—because prosecutors don’t want to risk loosing.

Typical plea offers:

• Strong goverment case: Plead guilty to 922(g)(1), prosecutor recommends low end of sentencing guidelines.
• Weak government case: Dismiss ACCA enhancement, agree to request a variance, or even reduce to state charges.
• Cooperation case: Substantial assistance agreement, 5K1.1 departure (30-50% sentence reduction if you provide info leading to other prosecutions).

Should you cooperate? It depends. Cooperation can reduce you’re sentence by 30-50%, but it requires “substantial assistance”—you need genuine information about serious crimes, and you have to be willing to testify at trial. Safety is a concern (cooperation often becomes known).

If your facing ACCA (15+ years), cooperation might make sense. If your sentence exposure is already low (3-4 years), the risk might not be worth it.

The Trial Decision

Only 3-5% of federal defendants go to trial. The trial acquittal rate for 922(g) cases is 5-10%. Should you go to trial?

Consider trial if:

• Its a constructive posession case with no forensics
• Multiple occupants had equal access
• Serious Fourth Amendment issues (even if suppression was denied)
• Your facing ACCA anyway, so you have little to loose

Accept a plea if:

• You were caught with the gun in you’re pocket (actual posession)
• You’re fingerprints are on the gun
• You made statements admitting possession
• The plea offer removes the ACCA enhancement
• The offer includes a significant variance or departure

Sentencing

If you plead guilty or get convicted at trial, sentencing happens 2-4 months later. A probation officer prepares a Presentence Report (PSR) calculating you’re guidelines range. You have two weeks to file objections.

At the sentencing hearing, you’re attorney argues for a variance—a sentence below the guidelines. Common arguments: old conviction, no recent criminal activity, strong family support, employment, rehabilitation. Some judges are receptive; others follow the guidelines strictly.

But variances are becoming more common, especially for defendants with nonviolent predicates who’ve turned they’re lives around.

Median sentences: 48-60 months for standard 922(g)(1), 180-240 months for ACCA cases. With cooperation, sentences can drop to 24-36 months.

The Bottom Line

Federal felon-in-posession charges are serious. The penalties are harsh, the conviction rate is high, and the consequences are life-altering. But not all cases end in conviction, and not all convictions result in the maximum sentence.

Constitutional challenges are real—even if difficult. Constructive posession defenses work in the right scenarios. Fourth Amendment suppression motions win sometimes. ACCA enhancements can be challenged. Variances are possible.

The key is timing. Every day matters. Evidence disappears. Witnesses forget. Your attorney needs time to investigate, file motions, and build you’re defense.

If your facing these charges, you need a lawyer who understands federal firearms law, who knows the current constitutional landscape, and who has actually won 922(g) cases. This isn’t a state gun charge. Its federal, and the rules are diffrent.

The stakes couldn’t be higher. Don’t wait—act now.