This article is provided for educational and informational purposes only. It does not constitute legal, financial, or tax advice, and no attorney-client relationship is formed by reading it. Laws, regulations, official guidance, and related information vary by jurisdiction, change frequently, and may have changed or become outdated since the publication date. Always verify current information with authoritative sources and consult a qualified professional about your specific circumstances. The author and publisher assume no liability for actions taken based on this information.
- The prior conviction must fit the federal definition
- The statute covers more than one type of firearm conduct
- Rehaif requires knowledge of prohibited status
- The firearm or ammunition must have the required commerce connection
- The ordinary statutory maximum is 15 years
- Federal and state firearm laws remain separate
- Sources
Key Facts
- Federal level: 18 U.S.C. § 922(g)(1) generally prohibits firearm or ammunition possession by a person convicted of a crime punishable by more than one year.
- Federal level: The prohibition turns on the potential punishment for the prior crime, subject to statutory exclusions and restoration rules, not merely on whether a state labels it a felony.
- Federal level: The government must prove knowing possession and knowledge of the status that made the person prohibited.
- Federal level: A knowing § 922(g) violation is generally punishable by up to 15 years under 18 U.S.C. § 924(a)(8).
- Federal level: State firearm permission does not by itself erase a federal prohibition; 18 U.S.C. § 921(a)(20) determines when a conviction counts for this federal chapter.
The phrase “felon with a gun” usually refers in federal law to 18 U.S.C. § 922(g)(1), often called the felon-in-possession statute. The statute reaches both firearms and ammunition and covers shipping, transporting, receiving, and possessing them when the required connection to interstate or foreign commerce exists.
The shorthand can obscure important details. Federal law uses a prior crime “punishable by imprisonment for a term exceeding one year,” then applies definitions and exclusions in § 921. The actual sentence served and the label used by a state do not always answer the federal question.
ATF identifies people with qualifying convictions among the prohibited-person categories in § 922(g).
The prior conviction must fit the federal definition
Section 922(g)(1) begins with a conviction in any court for a crime punishable by more than one year. Section 921(a)(20) excludes certain business-regulation offenses and state misdemeanors punishable by no more than two years.
Section 921 also addresses expungements, set-asides, pardons, and restoration of civil rights. A conviction is generally not counted when one of those forms of relief applies, unless the relief expressly prohibits firearm possession, shipment, transport, or receipt.
This makes the source of the conviction important. The law of the jurisdiction in which the proceedings occurred governs what constitutes the conviction and whether civil rights were restored for § 921(a)(20). A generic statement that a record was “cleared” does not establish the federal effect.
The statute covers more than one type of firearm conduct
Section 922(g) covers ammunition as well as a firearm. It also covers receipt and transportation, so the prosecution theory may not depend only on possession at the moment officers recover an item.
Rehaif requires knowledge of prohibited status
In Rehaif v. United States, the Supreme Court held that the government must prove the defendant knew both that he possessed a firearm and that he belonged to the relevant prohibited-status category. In a § 922(g)(1) case, that means knowledge of the status arising from a qualifying conviction.
The decision does not require proof that the person knew the federal statute number or understood every legal consequence of the status. Knowledge can be established through admissible direct or circumstantial evidence.
The firearm or ammunition must have the required commerce connection
Section 922(g) uses several commerce formulations: shipping or transporting in interstate or foreign commerce, possessing in or affecting commerce, and receiving an item that has been shipped or transported in interstate or foreign commerce. The facts and evidence must establish the applicable statutory element.
The ordinary statutory maximum is 15 years
Section 924(a)(8) provides a maximum of 15 years for a knowing violation of § 922(g).
Section 924(e), known as the Armed Career Criminal Act, can require a 15-year minimum for a person who violates § 922(g) and has three qualifying prior convictions committed on different occasions. Whether the statutory conditions are satisfied requires analysis of the convictions and occasions involved.
The sentence in a non-ACCA case is not automatically 15 years; § 924(a)(8) states a maximum, not a mandatory sentence.
Federal and state firearm laws remain separate
Section 922(g)(1) is federal law, and § 921(a)(20) supplies the federal chapter’s rules for whether a conviction counts, including its treatment of pardons, expungements, set-asides, and restorations of civil rights. This article does not establish the elements or penalties of any state firearm offense.
For related background, the federal felony explainer covers federal offense classes. The felony possession of a firearm page addresses a different topic.
