Who cannot have a firearm under federal law
Under 18 U.S.C. § 922(g), it is a crime for certain people to ship, transport, possess or receive firearms or ammunition connected to interstate or foreign commerce. The categories include anyone who:
- Prior felony. Has been convicted of a crime punishable by imprisonment for more than one year.
- Fugitive. Is a fugitive from justice.
- Drug use. Is an unlawful user of, or addicted to, a controlled substance.
- Mental health. Has been adjudicated as a mental defective or committed to a mental institution.
- Immigration status. Is in the country unlawfully or, with some exceptions, on a nonimmigrant visa.
- Other categories. Was dishonorably discharged, renounced citizenship, is subject to certain protective orders, or was convicted of a misdemeanor crime of domestic violence.
What the government has to prove
In a section 922(g) case, the government must prove more than the presence of a gun. In Rehaif v. United States, the Supreme Court held that the government must prove both that the defendant knew he possessed a firearm and that he knew he belonged to a category of people barred from having one.
Possession is often disputed when a firearm is found in a shared car, home or bag. Who owned it, who had access and what the person knew are frequently central.
The government must prove the person knew their own prohibited status.
Federal firearms charges and penalties
| Charge | What it covers | Minimum prison term | Maximum prison term |
|---|---|---|---|
| Prohibited person, 18 U.S.C. §§ 922(g) and 924(a)(8) | Possession, shipment or receipt of a firearm or ammunition by a prohibited person | None | 15 years |
| Armed Career Criminal Act, 18 U.S.C. § 924(e) | A section 922(g) violation by someone with three prior convictions for a violent felony or serious drug offense committed on different occasions | 15 years | No maximum set in the statute |
| Firearm in a crime of violence or drug trafficking crime, 18 U.S.C. § 924(c)(1)(A) | Using, carrying or possessing a firearm in connection with a federal crime of violence or drug trafficking crime | 5 years; 7 if brandished; 10 if discharged | No maximum set in the statute |
| Certain weapons, 18 U.S.C. § 924(c)(1)(B) | The same conduct with a short-barreled rifle or shotgun or semiautomatic assault weapon, or a machinegun, destructive device or silencer | 10 years; 30 for a machinegun, destructive device or silencer | No maximum set in the statute |
| Second section 924(c) conviction, 18 U.S.C. § 924(c)(1)(C) | A new violation after a prior section 924(c) conviction has become final | 25 years | Life in some cases |
A section 924(c) sentence cannot be probation and cannot run at the same time as any other prison term. It is added on top of the sentence for the underlying crime.
Why a section 924(c) count changes a case
A section 924(c) count is usually charged alongside a drug or violent crime. Because its minimum must run consecutively, it can add five years or more to whatever sentence the underlying charge carries.
A section 924(c) charge also triggers a presumption of detention under the Bail Reform Act, so early preparation for the detention hearing matters.
Where these cases are often defended
Every case turns on its own facts. Issues that frequently matter include:
- Possession. Whether the person actually possessed the firearm, especially when it was found in a shared space.
- Knowledge of status. Whether the government can prove the person knew they were in a prohibited category.
- The search. Whether the stop, search or warrant was lawful, and whether evidence should be suppressed.
- The connection. Whether a firearm was actually tied to the drug or violent crime charged under section 924(c).
- Prior convictions. Whether past convictions qualify for the Armed Career Criminal Act or other enhancements.
How Kaufman Legal Group can help
Jason Kaufman has tried more than 90 cases and is a Criminal Justice Act panel attorney in the Southern District of Florida. He works with Phil Horowitz, who has practiced criminal defense since 1985 and spent decades on the CJA panel in the Southern and Middle Districts of Florida, and Victor E. Rocha, who was admitted to The Florida Bar in 1983, practices in federal courts including the Eleventh Circuit and the Southern District of Florida, and speaks Spanish. Together they bring more than 100 years of combined experience.
In firearms cases, the team examines how the gun was found, reviews prior convictions closely and prepares for the detention hearing and for trial. The first consultation is free and confidential.