(g) It shall be unlawful for any person –

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Thus, a person who was convicted of a criminal charge carrying a potential maximum penalty of one year – typically a felony – can be charged under federal law for possessing a firearm, even if the person was not in fact previously sentenced to a year or more in prison.

It is important to understand that possession is not the same as ownership. Possession can also be constructive, meaning that people can possess firearms in their homes, their cars, their places of employment, or their storage lockers, for example, without even being physically present at the time of the discovery of the firearms. If law enforcement can prove that a person has access to a firearm, and potential control over that firearm, then the person can be found to be in possession of it. Possession need not be exclusive either – under the law, multiple people can possess the same firearm. Indeed, it is common for all of the passengers in a vehicle to be charged with possessing a single firearm in a vehicle.

Determining the penalties for a violation of this crime are complicated and depend largely upon the individual’s criminal history. However, absent other aggravating factors, straight possession of firearm by a felon has a maximum penalty of 10 years. 18 U.S.C. § 924.

If you or a loved one have been arrested for a violation of 18 U.S.C. § 922g, you should strongly consider retaining the services of the Law Office of Matthew Galluzzo PLLC. Mr. Galluzzo is an experienced federal criminal defense attorney and a former prosecutor. He defends relentlessly against the prosecution and advocates fiercely for his clients. Give him a call to discuss your case.

(2) who is a fugitive from justice;

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

(5) who, being an alien –

(A) is illegally or unlawfully in the United States; or

(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));

(6) who has been discharged from the Armed Forces under dishonorable conditions;

(7) who, having been a citizen of the United States, has renounced his citizenship;

(8) who is subject to a court order that –

(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(9) who has been convicted in any court of a misdemeanor crime of domestic violence,

The statute reads as follows (18 U.S.C. § 924(c)(1)):

• (A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—(i) be sentenced to a term of imprisonment of not less than 5 years;(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.

To brandish a weapon means to show the weapon to someone else during the commission of the crime, and to discharge the weapon obviously means to shoot it. There are additional penalties for the use of a rifle, shotgun, silencer, machine gun or assault weapon

Typical crimes of violence alleged in 924(c) indictments include homicides and attempted homicides, robberies, burglaries, assaults, and menacing.

Sometimes in these cases, a group of people are indicted for possessing a firearm that was only physically possessed by one of the members of the criminal conspiracy. Technically, all of the members of the drug trafficking conspiracy or violent crime conspiracy could be charged with the possession of the firearm under 924(c) if they were aware that their co-conspirator possessed the weapon. This is a common issue that arises at trial or in plea negotiations. A savvy defense attorney has to do a careful review of the discovery materials to determine whether there is any wiretap evidence, for example, that suggests that a particular client knew about the weapon at issue.

Non-citizens charged with this crime obviously face deportation as a possible consequence. Those 924(c) defendants with a significant violent or drug-related criminal history could also be categorized as career offenders and be subject to potentially enormous penalties and prison sentences.

If you or a loved one have been charged with a violation of 18 USC § 924(c), you should strongly consider contacting The Law Office of Matthew Galluzzo. Mr. Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney who has successfully defended man individuals charged with this crime. Give him a call for a free case evaluation and a fair quote for his services.