What is the maximum sentence for 18 U.S.C. 922 G?
Asked by: Willard Schiller | Last update: January 28, 2026Score: 4.9/5 (21 votes)
The maximum sentence for a standard violation of 18 U.S.C. § 922(g) (e.g., a felon in possession of a firearm) is generally up to 10 years in prison, but can significantly increase to 15 years or more under the Armed Career Criminal Act (ACCA) for offenders with prior serious drug or violent felony convictions. Penalties also include fines and supervised release, with sentencing guided by the U.S. Sentencing Guidelines.
What is the maximum sentence for 922 G?
POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON: 18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment.
What is the minimum federal sentence for a felon in possession of a firearm?
The Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), mandates a minimum 15-year term of imprisonment for anyone convicted of a felony in possession of a firearm if they have three prior state or federal convictions for violent felonies or serious drug offenses.
What is the new federal law 922g?
§ 922(g). Section 922(g) makes it unlawful for prohibited persons to ship, transport, possess, or receive a firearm or ammunition, most commonly because of a prior conviction for a felony offense. Of the 7,419 individuals, 90.4% were convicted under 18 U.S.C. § 922(g) because of a prior felony conviction.
Is a 922 G charge unconstitutional?
18 USC § 922(g)(8) is an unconstitutional exercise of congressional power under the Commerce Clause. 3. 18 USC § 922(g)(8) is unconstitutional because it exceeds the authority granted to Congress under the Tenth Amendment by violating long established principles of comity and federalism.
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Is 922 G a crime of violence?
Va. 1999). Therefore, the Court finds that the 18 U.S.C. § 922(g)(1) charge to which Defendant pleaded guilty constitutes a "crime of violence," which is an offense described in section 3142(f)(1)(A).
How much of a federal sentence must you serve?
In federal court you will have to serve 85% of your sentence if convicted of federal charges. Thus, if you are sentenced to 10 years in prison, you will actually serve 8.5 years in prison. However, for most state felony convictions, you will only serve 50% of your actual sentence.
How long can a felon not own a gun?
There's no universal time limit for owning a gun after a felony; it depends heavily on federal, state, and local laws, with some states offering restoration after 5-10 years for certain crimes, while others impose lifetime bans, especially for violent felonies or domestic violence offenses, though pardons or expungements might help restore rights. Federal law prohibits gun possession for life after a felony, but states can provide pathways to regain rights, often requiring completion of sentence, probation, and sometimes a waiting period, such as 5 years in Texas for some felonies, or after 10 years in Louisiana, but never for certain violent crimes.
Can you get probation for possession of a firearm?
The nature of the gun charge significantly influences the potential for probation. Less severe offenses, like carrying a concealed weapon without a permit, may result in probation, especially for first-time offenders. However, offenses involving using a firearm in a crime will likely lead to harsher sentences.
What counts as a weapon?
A weapon is generally understood as any object designed or used to inflict harm, defeat, or destroy. The legal definition of a weapon can vary significantly depending on federal, state, and local laws. Common examples of weapons include firearms, knives, and other instruments that can cause injury or death.
What does CC stand for in firearms?
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon (such as a handgun) in public in a concealed manner, either on one's person or in close proximity. CCW is often practiced as a means of self-defense.
What counts as possession of a firearm?
What is the federal definition of gun possession? Federal gun possession is defined as having physical or constructive control over a firearm. This means that an individual has either direct physical control of a firearm or the ability and intent to control it, even if it's not in their immediate possession.
How many years is a felony G?
A class G felony is an offense punishable by a maximum ten year bifurcated prison sentence, consisting of up to five years of initial confinement in prison, followed by up to five years of extended supervision. Maximum fine on a G felony is $25,000 plus costs, and maximum probation is five years.
What makes a gun charge federal?
What Makes a Gun Charge Federal? Although California has several laws regarding gun crimes in the state, gun charges become a federal offense when weapons or ammunition are shipped, transported, or received across state lines or for foreign commerce by unlicensed individuals, according to 18 U.S. Code § 922.
Does 18 USC 922 G )( 8 which prohibits the possession of firearms by persons subject to domestic violence restraining orders violate the Second Amendment?
The Court, in an opinion by Chief Justice Roberts, held that Section 922(g)(8) is consistent with the Second Amendment, rejecting the facial challenge mounted by Rahimi and accepted by the Fifth Circuit.
What states can a convicted felon own a gun?
Generally, a convicted felon cannot own a gun due to federal law, but some states offer paths to restoration, with Vermont being a major exception where there are no state-level restrictions, while others like North Carolina and Oregon have specific conditions, such as pardons or certain offenses, allowing potential rights restoration, but the federal ban typically remains unless rights are restored at the state level or through a pardon. Federal law bans possession for anyone convicted of a crime punishable by over a year in prison, but this prohibition can be lifted if the state where the felony occurred restores the individual's civil rights, often through a pardon or expungement, though many states have their own separate prohibitions.
How do I know if my gun rights are restored?
If you are concerned about how else to find out if your gun rights have been restored, you should know the authorities can provide the information. Based on the cause for the revocation and the jurisdiction, you can contact your local law enforcement, state licensing authorities, or court clerks to verify the status.
Can a felon be around someone with a firearm?
Yes, a felon can generally be around someone with a gun, but it's legally risky because they can be charged with "constructive possession" if they know about the gun and have access, even without touching it. Laws vary by state, but federal law prohibits felons from owning firearms; states have different rules, with some allowing firearm possession at home after a waiting period, while others have stricter indefinite bans, making it crucial to understand specific state and federal laws and probation/parole conditions.
Do feds ever drop charges?
The law absolutely allows federal charges to be dropped. Rule 48 of the Federal Rules of Criminal Procedure permits prosecutors to dismiss charges with leave of court. Defense attorneys can file motions to dismiss based on constitutional violations, lack of evidence, or procedural defects.
What is the new law for federal inmates in 2025?
New laws and guidelines for federal inmates in 2025 focus on more individualized sentencing, increased discretion for judges in supervised release, and fairer drug sentencing, with key amendments from the U.S. Sentencing Commission (USSC) taking effect November 1, 2025, addressing issues like mitigating roles in drug cases (capping base levels for low-level offenders) and clarifying firearm enhancements, alongside broader efforts for home confinement expansion and clarity on supervised release conditions.
How many months is 5 years in the feds?
Unless Joe qualifies for the safety valve or substantial assistance, the judge MUST give Joe a prison sentence of 5 years (60 months). The longer mandatory minimum (60 months) trumps the shorter guideline sentence (37-46 months).
What is the new law 922g?
§ 922(g)(3), the federal statute that makes it a felony for any “unlawful user” of a controlled substance to possess a firearm. The government has also invoked the same statute against numerous individuals who smoked marijuana at some point before buying a gun, even in states where marijuana is legal.
What is the difference between a serious felony and a violent felony?
In order to be a “serious” felony, it must be listed as a serious felony, penal code section 1192.7(c). IN order top be considered a “violent” felony, it must be listed under penal code section 667.5(c). Some felonies such as kidnapping and murder are considered both serious and violent felonies.
What is the penalty for 18 USC 922g?
If you're convicted of violating 18 U.S.C. 922(g), the general penalty is a prison sentence of up to 10 years and up to $250,000 in fines. However, under the Armed Career Criminal Act (ACCA) of 1984, defined under 18 U.S.C.