Understanding Federal Firearms Charges Under 18 U.S.C. § 922(g): Elements and Penalties

Federal firearms charges are taken seriously by the United States Department of Justice, especially when tied to individuals who are prohibited from possessing firearms. One of the most commonly prosecuted statutes in this area is 18 U.S.C. § 922(g), which criminalizes the possession of firearms by certain categories of people. This article provides a detailed overview of the statute, its elements, and the possible penalties for a violation.

What Is 18 U.S.C. § 922(g)?

Section 922(g) of Title 18 of the United States Code prohibits specific categories of individuals from possessing, receiving, shipping, or transporting firearms or ammunition in interstate or foreign commerce. The law is designed to prevent potentially dangerous individuals from having access to firearms and is frequently used in both standalone prosecutions and as part of broader criminal investigations.

Categories of Prohibited Persons

Under 18 U.S.C. § 922(g), the following individuals are prohibited from possessing firearms or ammunition:

  1.  Convicted felons (those convicted of a crime punishable by more than one year in prison)
  2.  Fugitives from justice
  3.  Unlawful users of or addicts to controlled substances
  4.  Individuals adjudicated as mentally defective or committed to mental institutions
  5.  Undocumented immigrants or those unlawfully in the U.S.
  6.  Persons dishonorably discharged from the Armed Forces
  7.  Individuals who have renounced U.S. citizenship
  8.  Persons subject to certain domestic violence restraining orders
  9.  Individuals convicted of misdemeanor domestic violence offenses

Elements of the Offense

To secure a conviction under § 922(g), the government must prove the following elements beyond a reasonable doubt:

  1.  Status of the Defendant: The defendant fits into one of the prohibited categories listed in the statute.
  2.  Knowing Possession: The defendant knowingly possessed a firearm or ammunition. “Knowing” means the defendant was aware of the possession, but not necessarily aware that it was illegal.
  3.  Interstate Commerce Nexus: The firearm or ammunition was transported across state lines at some point. This element is typically satisfied if the firearm was manufactured in a different state than where it was found.

Penalties for Violating 18 U.S.C. § 922(g)

A violation of § 922(g) is a felony offense, and the penalties can be severe. The base penalty includes:

  *   Up to 10 years in federal prison
  *   Fines up to $250,000

However, sentencing can be significantly enhanced under certain circumstances:

  *   Armed Career Criminal Act (ACCA): If the defendant has three or more prior convictions for violent felonies or serious drug offenses, they face a mandatory minimum of 15 years in prison without parole.
  *   Sentencing Enhancements: Use or possession of the firearm in connection with another crime (e.g., drug trafficking) can lead to enhanced penalties under other federal statutes like 18 U.S.C. § 924(c).

Defenses and Legal Issues

Some potential defenses or challenges in § 922(g) cases include:

  *   Challenging the classification of the individual as a prohibited person (e.g., disputing the validity of a prior conviction).
  *   Lack of knowledge or possession, particularly in constructive possession cases where the firearm was not found on the person.
  *   Challenging the interstate commerce element, though courts generally interpret this broadly.
  *   Second Amendment challenges, which have gained some traction in recent years, particularly following the Supreme Court’s decisions in District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen.

Conclusion

Federal firearms charges under 18 U.S.C. § 922(g) carry significant consequences and are aggressively prosecuted by federal authorities. Understanding the statutory elements, the broad scope of who qualifies as a prohibited person, and the stiff penalties involved is essential for anyone facing such a charge—or practicing criminal defense. Legal counsel experienced in federal criminal law is critical for navigating these complex and high-stakes cases. Matthew Galluzzo is a former Manhattan prosecutor who has successfully defended numerous individuals accused of violating 18 USC Section 922(g). If you or a loved one are facing such charges in federal court in New York City, Westchester County, or Connecticut, you should strongly consider contacting Mr. Galluzzo to discuss his legal services.