Federal Gun Charges for Prohibited Persons

Most people know felons can't have guns. But the list of "prohibited persons" under federal law extends far beyond convicted felons. If you've ever been convicted of a misdemeanor domestic violence offense, you're prohibited. If you use marijuana - even in a state where it's legal - you're prohibited. If you're subject to a domestic restraining order, you're prohibited. If you've been dishonorably discharged from the military, you're prohibited. And if any prohibited person so much as touches a firearm, they face up to 10 years in federal prison. With certain prior convictions, that jumps to a 15-year mandatory minimum.

Welcome to Spodek Law Group. Our goal is to explain how federal prohibited person laws actually work - who's covered, what counts as possession, and what happens when someone in a prohibited category encounters a firearm. Todd Spodek has represented clients who didn't even know they were prohibited. They picked up a friend's gun at a range. They inherited a family heirloom. They found a firearm and made the mistake of handling it. Now they face years in federal prison.

Here's what makes these cases so dangerous: the prohibition is absolute. There's no exception for self-defense. There's no exception for brief handling. There's no exception for not knowing your status. If you're in a prohibited category and you possess a firearm for even a moment, you've committed a federal felony. The government prosecuted over 7,400 of these cases in fiscal year 2024 alone, making it one of the most commonly charged federal offenses.

The Nine Categories of Prohibited Persons

Federal law identifies nine categories of people who cannot legally possess firearms or ammunition under 18 USC 922(g). Each category creates the same prohibition - a federal felony punishable by up to 10 years imprisonment.

Convicted felons (922(g)(1)). Anyone convicted of a crime punishable by more than one year imprisonment is prohibited. Note that its the potential sentence that matters, not the actual sentence served.

Fugitives from justice (922(g)(2)). Anyone fleeing to avoid prosecution or who has escaped from custody. Outstanding warrants can create this status.

Unlawful drug users or addicts (922(g)(3)). This includes anyone who uses controlled substances illegally - including marijuana. Even in states were marijuana is legal, federal law still classifies it as a controlled substance. Regular marijuana users are prohibited persons under federal law.

Mental defectives (922(g)(4)). Anyone adjudicated as mentally defective or committed to a mental institution. Voluntary commitment can trigger this. Even short-term involuntary holds can create a permanant firearms prohibition.

Illegal aliens (922(g)(5)). Any person illegaly or unlawfully in the United States.

Dishonorably discharged (922(g)(6)). Anyone discharged from the Armed Forces under dishonorable conditions.

Renounced citizenship (922(g)(7)). Anyone who has renounced United States citizenship.

Domestic restraining orders (922(g)(8)). Anyone subject to a court order that restrains them from harassing, stalking, or threatening an intimate partner or child.

Domestic violence misdemeanor (922(g)(9)). Anyone convicted of a misdemeanor crime of domestic violence. Many people dont realize a misdemeanor can create a firearms prohibition.

What Counts as "Possession"

The prohibition covers possession of firearms or ammunition. But "possession" under federal law is broader then most people think.

Actual possession is straightforward - the firearm is on your person or in your hands.

Constructive possession is were cases get complicated. You have constructive possession if you have the power and intent to exercise control over a firearm. A gun in your car, in your home, or in an area you control can be constructive possession even if your not physicaly touching it.

Heres the trap. You come home and your roommate has a gun on the kitchen table. You have access to it. Prosecutors have argued constructive possession in situations like this.

Ammunition is included in the prohibition. Possessing bullets without a gun is still a federal crime for prohibited persons.

The Penalties Are Severe

Standard violation of 18 USC 922(g) carries up to 10 years imprisonment, fines up to $250,000, and up to three years supervised release. The average sentence in fiscal year 2024 was 71 months - almost six years of federal prison.

But the real danger is the Armed Career Criminal Act enhancement. If you have three prior convictions for "violent felonies" or "serious drug offenses," ACCA kicks in. The mandatory minimum becomes 15 years. The maximum becomes life imprisonment. You cannot receive less then 15 years regardless of circumstances.

The average sentence for ACCA defendants is 199 months - over 16 years. Thats almost three times the non-ACCA average.

Federal prison means no parole. You serve at least 85% of whatever sentence the judge imposes.

The Rehaif Defense

In 2019, the Supreme Court decided Rehaif v. United States and created an important defense opportunity. The Court held that the goverment must prove the defendant knew they belonged to a prohibited category - not just that they possessed a firearm.

Before Rehaif, prosecutors only had to prove possession. Now they must prove knowledge of prohibited status. This creates a genuine defense in some cases.

Consider someone convicted of a felony in there youth who genuinly didnt know the conviction made them a prohibited person. Or someone who didnt realize there marijuana use created a prohibition. Rehaif provides a defense that didnt exist before 2019.

Todd Spodek evaluates every 922(g) case for potential Rehaif defenses.

How These Cases Typically Start

Federal prohibited person cases usually begin in one of several ways:

Traffic stops. Police search, find a firearm, run the possessor through databases. Prior felony appears. Case gets referred to federal prosecutors.

Domestic incidents. Police respond to a domestic call, see a firearm. One party has a domestic violence misdemeanor or restraining order.

Search warrants. Police execute a search warrant for drugs. They find firearms. The resident is prohibited.

Social media. People post photos with guns. The person in the photo is prohibited. Investigation follows.

Defense Strategies

Challenge the predicate. Is the prior conviction actualy a qualifying predicate? If the predicate falls, the 922(g) charge fails entirely.

Challenge ACCA predicates. Challenging ACCA eligibility can mean the difference between 15 years mandatory and a much shorter sentence.

Challenge possession. For constructive possession cases, did you have dominion and control? Mere proximity isnt enough.

Assert Rehaif. Did you know you were in a prohibited category? The goverment must now prove you knew your status.

Challenge the search. Were your Fourth Amendment rights violated? If the search was illegal, the evidence may be suppressable.

Call Spodek Law Group at 212-300-5196. Our office is in the Woolworth Building in Manhattan. We handle federal firearms cases nationwide including 922(g) prohibited person charges. Todd Spodek understands both the defenses available and the sentencing dynamics that determine how much time you actualy face.

The Stakes Are Real

Federal prosecution of prohibited persons is a priority. Over 7,400 cases in a single year. Average sentences approaching six years. ACCA enhancements pushing sentences past 16 years on average.

Many people dont even know there prohibited. They had a felony decades ago. They have a domestic violence conviction they thought was minor. They use marijuana legally under state law. Ignorance dosent prevent prosecution.

The federal conviction rate exceeds 93%. If charged, the odds are against you. But that dosent mean giving up - it means fighting smart. Challenging predicates, raising Rehaif, attacking ACCA - these strategies can make enormous differences in outcomes.