Who Is Prohibited From Possessing a Firearm Under Federal Law?

Federal law prohibits certain people from possessing firearms or ammunition. These restrictions can apply because of a person’s criminal history, drug use, immigration status, military discharge, or other circumstances. The primary federal statute covering these restrictions is 18 U.S.C. § 922(g).

Section 922(g) identifies several categories of people who generally cannot legally possess a firearm. Another federal statute, 18 U.S.C. § 924(c), addresses a different type of firearm offense. It can apply when a person uses, carries, or possesses a firearm in connection with a qualifying federal crime. Understanding these laws can be important if you are facing a federal firearms investigation or criminal charge.

What Is 18 U.S.C. § 922(g)?

Section 922(g) makes it unlawful for certain people to possess, receive, ship, or transport firearms or ammunition. Federal law identifies several categories of people who fall under this prohibition. The most common categories involve criminal convictions, fugitive status, certain drug use, specific mental health determinations, immigration status, military discharge, citizenship, domestic violence protection orders, and domestic violence convictions.

The specific requirements can vary from one category to another. Federal law also contains exceptions and other provisions that may affect whether a particular restriction applies. For that reason, someone facing a federal firearm charge should not assume that a prior conviction or other circumstance automatically settles the issue.

Can a Prior Conviction Prevent Someone From Possessing a Firearm?

Yes. A qualifying criminal conviction is one of the most common reasons a person may be prohibited from possessing a firearm under federal law.

Section 922(g)(1) generally applies to a person who has been convicted of a crime punishable by imprisonment for more than one year. This is commonly known as a felon-in-possession offense. The statute focuses on the punishment associated with the prior offense, so the details of the conviction can matter.

A federal firearms case may therefore involve more than simply determining whether someone has a criminal record. An attorney may need to examine the specific offense, the maximum punishment, the person’s conviction history, and other circumstances before determining whether § 922(g)(1) applies.

Can Drug Use Lead to a Federal Firearm Charge?

Federal law also prohibits firearm possession by certain people who are unlawful users of or addicted to controlled substances. This restriction appears in § 922(g)(3).

A case involving this provision can raise questions about the person’s alleged drug use and the circumstances surrounding the firearm. The government must establish the requirements of the offense, and the facts of the case can become important.

Someone should not assume that any history of drug use automatically answers the legal question. The specific circumstances may determine whether the federal prohibition applies.

Can a Domestic Violence Case Affect Firearm Possession?

Yes. Certain domestic violence matters can affect a person’s ability to possess a firearm under federal law.

Section 922(g)(8) addresses certain qualifying court orders that restrain a person from harassing, stalking, or threatening an intimate partner or the partner’s child. The order must meet specific requirements under federal law.

Section 922(g)(9) addresses people who have been convicted of qualifying misdemeanor crimes of domestic violence. This means a person may face a federal firearm restriction even when the prior domestic violence conviction was not a felony. Whether the restriction applies depends on the specific conviction and the requirements of the federal statute.

Can Immigration Status Affect Firearm Possession?

Certain immigration statuses can also result in federal firearm restrictions. Section 922(g)(5), for example, addresses people who are illegally or unlawfully in the United States. It also applies to certain people admitted under nonimmigrant visas, subject to exceptions provided by federal law.

Immigration status can be complicated, and the relevant facts may change over time. An attorney may need to review a person’s specific status and the circumstances surrounding the alleged firearm possession before determining whether § 922(g)(5) applies.

What Other Situations Can Make Someone Prohibited?

The categories under § 922(g) extend beyond criminal convictions, drug use, domestic violence, and immigration status. Federal law also covers certain people who are fugitives, people with specified mental health adjudications or commitments, people who received dishonorable military discharges, and people who have renounced U.S. citizenship.

Each category has its own requirements. That distinction matters because federal firearm law does not treat every situation the same way. The specific facts and applicable statutory language should be reviewed before determining whether someone is legally prohibited from possessing a firearm.

How Is § 924(c) Different From § 922(g)?

Section 924(c) addresses a different type of federal firearms offense. While § 922(g) focuses on who is prohibited from possessing a firearm, § 924(c) focuses on the relationship between a firearm and another qualifying federal crime.

Under § 924(c), a person can face an additional federal charge for using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime. The statute also covers possessing a firearm in furtherance of such an offense.

This means a person does not necessarily have to be prohibited from possessing firearms under § 922(g) to face a § 924(c) charge. Someone who is legally allowed to possess a firearm could still face a § 924(c) charge if the government alleges that the firearm was used, carried, or possessed in connection with a qualifying federal offense.

Can Someone Face Both § 922(g) and § 924(c)?

Yes. The two statutes can apply to the same case because they address different conduct.

For example, consider someone with a qualifying prior conviction who is accused of possessing a firearm. That person could potentially face a § 922(g) charge based on the prohibited-person restriction. If prosecutors also allege that the firearm was possessed in furtherance of a federal drug trafficking crime, a § 924(c) charge could also become an issue.

The government would have to establish the elements of each offense. The § 922(g) charge would focus on the person’s prohibited status and firearm possession. The § 924(c) charge would focus on the firearm’s connection to the underlying federal crime.

That distinction can become important when evaluating the allegations and evidence in a federal firearms case.

What Are the Penalties for a § 922(g) Conviction?

A federal firearm conviction can result in serious penalties. The potential sentence depends on the specific offense and the defendant’s circumstances.

Certain defendants with qualifying prior convictions can face enhanced penalties under the Armed Career Criminal Act, or ACCA. Under 18 U.S.C. § 924(e), a person who violates § 922(g) and has three qualifying prior convictions for violent felonies or serious drug offenses committed on different occasions can face a minimum sentence of 15 years in federal prison.

Whether a prior conviction qualifies under the ACCA can involve complicated legal questions. The exact language and circumstances of the prior offenses may need to be examined carefully.

What Are the Penalties for a § 924(c) Charge?

Section 924(c) can carry mandatory minimum prison sentences in addition to the punishment for the underlying crime. The basic minimum is generally five years, but the minimum can increase to seven years if the firearm was brandished and 10 years if it was discharged. The statute also provides higher penalties for certain types of firearms.

These penalties can make a § 924(c) charge particularly serious. The sentence imposed under the statute generally must be served in addition to the sentence for the underlying crime. It also cannot run concurrently with that sentence.

What Happens If a Firearm Is Found During a Federal Investigation?

A firearm may become evidence during a federal investigation for many reasons. Investigators may discover a gun during a drug investigation, search, traffic stop, or another criminal investigation. They may then investigate who possessed the firearm and whether that person was legally allowed to have it.

Possession can also become an issue when several people have access to the same location. A firearm found in a shared home or vehicle, for example, may raise questions about who knew the gun was there and who had control over it. Simply being near a firearm does not necessarily resolve those questions. The evidence and circumstances of the case still matter.

Protecting Your Future After a Firearm Charge

If you are facing a federal firearms investigation or charge in Northwestern Pennsylvania, an experienced federal criminal defense attorney can review the allegations, evidence, and applicable federal law. The Travis Law Firm team is here to assist you if you’ve been charged with a criminal offense. We handle cases involving DUI, weapons, federal charges, domestic violence, assault and others. Call (814) 277-2222 or (814) 455-3839, or use our online contact form to schedule your consultation.