Felon Caught With Gun in Car – What Happens in Federal Court

Felon Caught With Gun in Car – What Happens in Federal Court

You got pulled over. Routine traffic stop. Maybe a broken taillight. Maybe you were speeding. The cop walks up to your window. Smells marijuana. Asks you to step out. Searches the car. Finds the gun under the seat. Runs your name. Prior felony pops up. What started as a $150 ticket just became a federal felony with a 10-year maximum sentence. The taillight destroyed your life.

Welcome to Spodek Law Group. We created this page because people think felon-in-possession is a state crime that leads to probation. It’s not. 96.9% of felons caught with firearms get sentenced to prison – not probation, not home confinement, prison. And if the feds take your case, you’re looking at federal prison where there’s no parole. You serve 85% of your sentence minimum. A 5-year sentence means over 4 years actually incarcerated. A 10-year sentence means over 8 years.

Here’s what nobody tells you about getting caught with a gun in your car. The gun doesn’t have to be in your hands. It doesn’t have to be loaded. It doesn’t even have to work. A broken pistol under your seat still triggers federal felon-in-possession charges under 18 U.S.C. § 922(g). The statute says “firearm” – not “working firearm.” Your inability to actually shoot anyone doesn’t reduce your sentence by a single day.

How a Traffic Stop Becomes Federal Prison

The cascade from broken taillight to federal conviction takes hours. Heres how it actually works. Traffic stop. Cop smells marijuana or sees something suspicious. Vehicle search. Gun discovered. Cop checks your record. Prior felony appears. Call goes to ATF. Federal case opens. Project Safe Neighborhoods takes over. You’re transferred to federal custody. Federal prosecution begins.

Heres the irony that destroys people every day. You got pulled over for something minor. A traffic violation. Expired registration. Failure to signal. The cop didnt know you had a gun. Didnt know you were a felon. You weren’t doing anything wrong in that moment except driving with a busted taillight. But the search found the gun. The record check found the felony. A $150 ticket became a federal crime.

Todd Spodek has explained this to clients who cant understand how a routine stop became a federal case. “I wasnt doing anything” they say. The gun was under the seat. They werent waving it around. They werent threatening anyone. But possession is possession. And felon plus possession equals federal prison in almost every case.

Project Safe Neighborhoods (PSN) is a federal initiative specifically designed to federalize cases like yours. Every U.S. Attorney’s Office works with ATF and local law enforcement to identify felons with guns. When local cops find your gun during a traffic stop, PSN provides the pathway to federal prosecution. The system exists to put you in federal prison. Its not an accident that your case went federal. Its policy.

Constructive Possession – Why Location Doesn’t Matter

You werent holding the gun. It was under the seat. In the glove compartment. In the trunk. In your girlfriend’s purse. Dosent matter. “Constructive possession” means the gun was under your control even if you never touched it. The legal standard is whether you had the ability to exercise control over the firearm. If it was in your car, in your reach, in a space you control – you possessed it.

Heres the paradox that catches people. Multiple passengers in the same car can ALL be charged with possessing the same firearm. Everyone in that vehicle has federal exposure from one gun. The driver. The passenger. Anyone with access to where the gun was found. ATF charges everyone and lets the court sort out who actually owned it. Your claim that “it wasnt mine” means nothing when the gun was within your reach.

The gun didnt even have to be loaded. Didnt have to be functional. A broken gun in your car still triggers federal felon-in-possession charges. The statute prohibits possession of “any firearm.” A weapon that cant fire is still a firearm under federal law. Your defense that “it couldnt even shoot” gets you nowhere.

And heres how constructive possession destroys relationships. Gun found in car. You claim it wasnt yours. Your girlfriend was also in the car. Both of you get charged with constructive possession. Both face federal prosecution. The pressure builds. Each of you is told to testify against the other. Both convicted. Both go to prison. One gun. Two lives destroyed.

Why Your Case Goes Federal Instead of State

You thought the case would stay in state court. Local cops found the gun. Local jail. State charges. Then ATF adopted the case. Federal prosecutors took over. Your state misdemeanor became a federal felony. The same gun. The same possession. Different court. Different exposure. 10-year maximum instead of whatever your state law provides.

The “interstate commerce” requirement sounds like it should protect you. It dosent. Federal jurisdiction requires proving the firearm “traveled in interstate or foreign commerce.” Sounds limiting. Its not. Most firearms have crossed state lines at some point – manufactured in one state, shipped to distributors in another, sold at retailers in a third. Federal prosecutors establish the interstate commerce connection routinely. The jurisdictional element that sounds limiting is actualy satisfied in almost every case.

Your prior felony might have been decades ago. Dosent matter. A drug conviction from 1995 still makes you prohibited in 2025. The felony follows you for life. The gun in your car today connects to the crime you served time for 30 years ago. Federal law dosent have a forgiveness period. Once a felon, always prohibited – unless you get a presidential pardon or your conviction is expunged.

Why does your case go federal instead of staying state? Project Safe Neighborhoods. ATF adoption policies. Federal prosecutors looking for felon-in-possession cases to bring. Your criminal history. The type of gun. Whether there were drugs involved. Whether you ran from police. Any aggravating factor can push your case from state court to federal court – where the sentences are longer and theres no parole.

The Armed Career Criminal Act Nightmare

You have three prior felonies. Maybe a burglary from your twenties. A drug case from your thirties. Another possession charge somewhere along the way. Under the Armed Career Criminal Act (ACCA), you face a 15-year mandatory minimum. No parole. No good time credit. The judge has NO discretion to give you less than 15 years. Congress took that discretion away.

The average sentence for felon in possession without ACCA is 67 months – about 5.5 years. The average sentence WITH ACCA is 199 months – over 16 years. Thats a 132-month difference. Eleven years of your life determined by whether you have three qualifying prior convictions. Same crime. Same gun. Same traffic stop. Eleven years more prison because of your history.

ACCA applies if you have three prior convictions for “violent felonies” or “serious drug offenses.” Violent felonies include burglary, arson, extortion, crimes involving use of explosives, and crimes that involve “the use, attempted use, or threatened use of physical force.” Serious drug offenses include manufacturing, distributing, or possessing with intent to distribute controlled substances.

Heres the uncomfortable truth. If ACCA applies to you, the federal government will find those prior convictions. Your record gets pulled. Every felony gets analyzed. Prosecutors determine which qualify as ACCA predicates. If three of them meet the definition, the mandatory minimum kicks in automatically. Your lawyer cant negotiate it away. The judge cant reduce it. 15 years minimum. Period.

Real Felons Who Got Caught With Guns in Cars

Hatcher in Iowa got stopped during a traffic stop. Officers searched the car and found marijuana and a loaded 9mm handgun. Hatcher had a prior felony for drug possession with intent to sell from 2016. 60 months federal prison through Project Safe Neighborhoods. Five years for a gun under the seat.

Hoggan in Indiana got pulled over for a traffic infraction. The officer smelled marijuana and asked occupants to exit. Hoggan ran. He had prior felony convictions. 5 years federal prison. Running made everything worse. Flight is evidence of guilt.

Shine in Maine got stopped and a check revealed he was on federal probation – had already served six and a half years in federal prison for felon in possession. When law enforcement questioned the drivers, she said there was a Glock in the center console. Shine admitted it was his. 30 months federal prison – on top of the probation violation consequences.

Wimberly in Georgia got arrested during a traffic stop after deputies found a pistol with a high-capacity magazine. Prior conviction. 46 months federal prison. The high-capacity magazine didnt add charges, but it influenced sentencing.

Alexander in Georgia got found passed out behind the wheel of a car parked in the middle of a county highway. Loaded pistol in his lap. Prior weapons conviction. 63 months federal prison. Being unconscious wasnt a defense. He still possessed the gun.

Thomas in DC was a four-time convict. Got caught with a Glock with laser sight while on supervised release from his PREVIOUS federal conviction for felon in possession. 108 months – nine years federal prison. Repeat offenders get hammered.

The Federal Penalties You’re Facing

Felon in possession under 18 U.S.C. § 922(g) carries up to 10 years federal prison. Thats the basic maximum. With ACCA enhancement, the mandatory minimum jumps to 15 years with life imprisonment as the implied maximum. A $250,000 fine is possible. Three years supervised release follows any prison sentence.

Heres the uncomfortable truth. 96.9% of felons caught with firearms get sentenced to prison. Not probation. Not home confinement. Prison. If ATF brings the case, if federal prosecutors file charges, your almost certainly going to serve time. The conviction rate is over 90%. The incarceration rate is 96.9%. The system is designed to put you in prison.

In FY 2024, there were 7,419 federal felon-in-possession cases. Thats over 20 people every single day getting charged federally for being felons with guns. Your case isnt special. Your case isnt unusual. Your case is one of thousands that federal prosecutors handle every year. They know exactly how to convict you.

Federal prison means no parole. You serve 85% of your sentence minimum. A 60-month sentence (like Hatcher got) means over 51 months actualy incarcerated. A 108-month sentence (like Thomas got) means over 91 months – seven and a half years – actualy behind bars. The sentences are real. The time is real.

State Rights Restoration Doesn’t Protect You

Your state restored your gun rights. You did everything right. Got the paperwork. Followed the process. A judge signed an order saying you can possess firearms under state law. You’re still prohibited under federal law.

Heres the paradox that traps people. State restoration dosent equal federal restoration. The state gave you permission. The feds will still charge you. 18 U.S.C. § 922(g) is a federal statute. State court orders dont override federal law. You can be completely legal under your state’s rules and still face federal prosecution for the exact same possession.

The question isnt “why did you have a gun?” Self-defense. Protection. Dangerous neighborhood. You needed it for work. Your family was threatened. All valid reasons. None of them legal. The question is “are you prohibited from possessing firearms under federal law?” If the answer is yes, your reasons are irrelevant to whether you committed a federal crime. Your motivation might influence sentencing. It wont prevent conviction.

The only ways to get federal gun rights restored are limited. Presidential pardon. Expungement of the underlying conviction. Specific federal restoration proceedings that almost never succeed. State restoration – even with a court order, even with a signed document, even with a ceremony – dosent count at the federal level.

Contact a Federal Firearms Defense Attorney

Maybe you just got arrested during a traffic stop and found out the case is going federal. Maybe you’re a felon who’s been carrying for years and your realizing the risk you’ve been taking. Maybe ATF just contacted you about a gun recovered somewhere with your prints on it. Whatever brought you here, understand this: federal felon-in-possession charges result in prison for 96.9% of defendants.

Call Spodek Law Group at 212-300-5196 before you talk to ATF or federal prosecutors. Federal felon-in-possession charges carry up to 10 years – or 15 years minimum if ACCA applies. Everything you say to federal agents becomes evidence against you. “It wasnt my gun” wont save you from constructive possession charges. The system is designed to convict you.

Todd Spodek has defended clients facing federal felon-in-possession charges. We understand how these cases develop – the traffic stop, the search, the federal adoption, the ACCA analysis. We know how to challenge searches. We know how to contest constructive possession. We know how to fight ACCA predicates when prior convictions dont actually qualify. We know how to negotiate with federal prosecutors when the evidence is overwhelming.

Your prior felony follows you forever. The gun in your car triggered federal exposure. But theres still time to build a defense before federal prosecutors finalize their case. Call us at 212-300-5196. The consultation is free. The mistake of talking to federal agents without counsel could add years to your sentence.

A broken taillight became a federal case. Your defense starts now. Call Spodek Law Group. 212-300-5196.