A convicted felon caught with a gun faces up to 15 years in federal prison and a fine as high as $250,000 under 18 U.S.C. § 922(g), the federal felon-in-possession law.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts2Office of the Law Revision Counsel. 18 USC 924 – Penalties That 15-year cap was raised from 10 years by the Bipartisan Safer Communities Act in 2022, and older guides still quoting the lower figure are wrong. The actual time served in any given case depends on the defendant’s criminal history, how the gun was involved, whether ammunition or body armor were also present, and whether the state files its own charges alongside the federal one. For a small group of repeat violent offenders, the floor jumps to a 15-year mandatory minimum with no possibility of probation.
What a Typical Federal Sentence Looks Like
The 15-year maximum is a ceiling, not a starting point. Federal sentencing guidelines set a base offense level of 14 for a prohibited person who possesses a firearm, and the actual range moves up or down based on criminal history, the type of weapon, and the surrounding conduct.3United States Sentencing Commission. Primer on Firearms Offenses A first-time felon-in-possession defendant with a low criminal history score can see a guideline range of roughly 15 to 21 months. A defendant with a long record and aggravating facts can see a range well above 10 years.
One trigger surprises people: the prior conviction only has to have been punishable by more than a year in prison. It doesn’t matter whether the judge actually sent you to prison, gave you probation, or imposed a shorter term. The maximum on the earlier offense is what pulls you into § 922(g).
The 15-Year Mandatory Minimum Under ACCA
The biggest sentencing jump comes from the Armed Career Criminal Act, 18 U.S.C. § 924(e). If you violate the felon-in-possession law and have three or more prior convictions for a violent felony or a serious drug offense, or some combination, the sentence carries a 15-year mandatory minimum. The judge cannot suspend it and cannot grant probation.2Office of the Law Revision Counsel. 18 USC 924 – Penalties The statute sets a floor without a separate cap, so sentences can go well above 15 years.
Two definitions decide whether your priors qualify. A violent felony is a crime punishable by more than a year in prison that either involves the use or threat of physical force or falls into an enumerated list that includes burglary, arson, extortion, and offenses involving explosives. A serious drug offense is a federal or state drug crime that carried a maximum sentence of 10 years or more. The three priors must have been committed on separate occasions. Whether a particular prior conviction actually counts as a violent felony is one of the most heavily litigated questions in federal criminal law, and the Supreme Court has narrowed the definition in recent years. If ACCA is on the table, that classification fight is where the case is won or lost.
When the Gun Was Used in Another Crime
A separate statute stacks additional time when a firearm is used or possessed during a federal crime of violence or drug trafficking offense. Under 18 U.S.C. § 924(c), the mandatory minimums escalate with how the gun was involved:
- At least 5 years for possessing a firearm in connection with the underlying crime.
- At least 7 years if the firearm was brandished.
- At least 10 years if the firearm was discharged.
These terms must run consecutively to the punishment for the underlying crime.2Office of the Law Revision Counsel. 18 USC 924 – Penalties4United States Sentencing Commission. Section 924(c) Firearms A felon convicted of drug trafficking and of possessing a firearm in furtherance of that trafficking gets the drug sentence plus at least 5 more years on top, with no option for the judge to run them at the same time.
State Charges Come on Top
Every state independently prohibits felons from possessing firearms, and the state maximums vary widely. Some states cap the offense at five years. Others go to 10 or 15, and many use tiered penalties that hit harder when the prior conviction was for a violent crime.
Because the state and federal governments are separate sovereigns, a single act of possession can be prosecuted by both. The Supreme Court confirmed this in Gamble v. United States (2019). Dual prosecution isn’t the norm for routine cases, but it happens, particularly when federal authorities take an interest in a defendant already facing state charges. When it does, the sentences can run separately.
What Counts as Possessing the Gun
Federal law recognizes two forms of possession, and the broader one catches people off guard. Actual possession is straightforward: the firearm is on your body or within reach. Constructive possession is the harder one. If a gun is in your home, your car, or a storage unit you control, you can be charged even if you never touched it. The government only has to prove you knew the firearm was there and had the ability to control it.
This creates real exposure for a felon who moves in with someone who owns guns. Even if the firearms belong to a partner or roommate, sharing the residence and having access to where they’re kept can support a constructive possession charge carrying the full 15-year maximum. Any firearms in a shared home need to be locked in a container or room the prohibited person genuinely cannot access.
Ammunition Alone Carries the Same Penalty
One of the costliest misunderstandings is treating ammunition as somehow separate. Section 922(g) prohibits a convicted felon from possessing “any firearm or ammunition.”1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Getting caught with a box of shotgun shells in your garage carries the same 15-year maximum as getting caught with a handgun on your hip. Prosecutors charge ammunition possession as seriously as firearm possession, and the sentencing exposure is identical.
Body Armor Is a Separate Charge
Felons whose prior conviction was for a violent crime face a parallel prohibition on body armor. Under 18 U.S.C. § 931, buying, owning, or possessing body armor carries a maximum sentence of three years in prison, and the sentencing guidelines call for a significant increase if the armor was worn during another felony.5United States Sentencing Commission. Amendment 670 This charge often appears alongside a firearm charge when a felon is caught with both a gun and a vest, and it adds directly to the total exposure.
What Can Bring the Sentence Down
Several factors can push a federal sentence toward the lower end of the range. A timely guilty plea earns a reduction for acceptance of responsibility. Playing a minor role, such as briefly handling a weapon that belonged to someone else, can support a downward adjustment. Judges keep discretion to depart below the guideline range when the circumstances warrant.
The facts of how the possession happened matter more than people expect. A felon who picks up a firearm for a moment to move it away from a child sits in a very different place on the sentencing spectrum than one who carries a loaded handgun during a drug sale. Neither is legal, but the first is far more likely to draw a sentence at or below the guideline range. Cooperation with law enforcement on other investigations can also trigger a substantial reduction through a government-sponsored motion for downward departure.