A felon caught in possession of ammunition faces a federal felony under 18 U.S.C. § 922(g)(1), punishable by up to 10 years in prison and a fine of up to $250,000.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The ban applies to anyone convicted of a crime punishable by more than one year in prison, regardless of whether the person actually served time. It covers not just loaded rounds but individual components like casings and primers, and it can reach ammunition the person never physically touched.
Who the Ban Applies To
Section 922(g)(1) applies to anyone “convicted in any court of a crime punishable by imprisonment for a term exceeding one year.” What matters is the maximum possible sentence for the underlying offense, not the sentence the person received. A felony that carried a potential five-year term triggers the ban even if the sentence was probation with no jail time.
Two narrow exceptions exist. Business-related offenses like antitrust violations and restraints of trade don’t count, even if they carry sentences above one year. State misdemeanors punishable by two years or less are also excluded from the definition of a qualifying crime.2Office of the Law Revision Counsel. 18 USC 921 – Definitions A separate point that catches people off guard: a misdemeanor conviction for a crime of domestic violence carries the same ammunition ban as a felony, under a different subsection of § 922(g).
The statute requires that the ammunition have traveled in interstate commerce, but this is almost never a real obstacle. Ammunition is manufactured in a small number of states and shipped nationwide, so prosecutors typically satisfy the element by showing the rounds were made outside the state where they were found. The ATF lists convicted felons among the categories of prohibited persons barred from shipping, transporting, receiving, or possessing firearms or ammunition.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
What Counts as Ammunition
Federal law defines “ammunition” broadly. It includes complete cartridges, cartridge cases, primers, bullets, and propellant powder designed for use in any firearm.4Office of the Law Revision Counsel. 18 USC 921 – Definitions A single spent casing in a drawer or a container of loose primers in a garage can support a federal charge. People who reload their own ammunition sometimes overlook this — keeping any of these components is as illegal as keeping a loaded magazine.
BB gun pellets and airsoft rounds fall outside the definition because they aren’t designed for use in a “firearm” as the statute uses the term. Anything designed for a conventional handgun, rifle, or shotgun is covered.
Actual and Constructive Possession
Prosecutors don’t need to catch a felon with a round in their pocket. Federal courts recognize two forms of possession. Actual possession means the ammunition is on the person or in something they’re carrying. Constructive possession is the theory that gets far more people charged.
Constructive possession means knowing that ammunition is present and having the ability and intent to control it.5Legal Information Institute. Constructive Possession Ammunition found in a felon’s home, vehicle, or a storage unit they rent can all support the charge. The government doesn’t need to prove the person handled the rounds, only that they knew the ammunition was there and had the power to access it. Courts have held that mere proximity to ammunition, or being present in a space where someone else controls it, isn’t enough on its own. Where the line lands is drawn case by case.
Living With Someone Who Legally Owns Ammunition
This is where these cases get complicated in practice. A felon who lives with a spouse, partner, or family member who legally owns firearms and ammunition faces real risk of a constructive possession charge. Prosecutors don’t have to prove the ammunition belonged to the felon, only that the felon knew about it and could reach it.
Reducing the risk comes down to denying access. The ammunition owner should keep all firearms and ammunition in a locked safe or container the felon cannot open. The felon should not know the combination, have a copy of the key, or know where the key is kept. If the felon is on probation or parole, supervision conditions may prohibit any firearms or ammunition from being in the residence at all, regardless of who owns them.
No arrangement removes the risk entirely. Ammunition found in a shared living room or an unlocked closet gives prosecutors a much stronger constructive-possession argument than rounds locked away out of reach. Anyone in this situation should consult a criminal defense attorney familiar with federal firearms law in their jurisdiction.
Penalties
A conviction under § 922(g) is itself a federal felony. The base penalty is up to 10 years in prison and a fine of up to $250,000.6Office of the Law Revision Counsel. 18 U.S. Code 3571 – Sentence of Fine Actual sentences are set under the U.S. Sentencing Guidelines, which calculate a recommended range based on the offense and the defendant’s criminal history. As of fiscal year 2024, the average sentence for all § 922(g) offenders was 71 months, nearly six years.7United States Sentencing Commission. Quick Facts on Section 922(g) Offenses Federal defendants serve at least 85% of their sentences, because there is no federal parole.
Sentences move up when the ammunition was connected to another crime, such as a drug offense, or when the defendant has a lengthy prior record that adds criminal history points.
The Armed Career Criminal Enhancement
Penalties escalate sharply for repeat offenders. Under the Armed Career Criminal Act, anyone who violates § 922(g) and has three or more prior convictions for violent felonies or serious drug offenses, committed on separate occasions, faces a mandatory minimum of 15 years in federal prison.8Office of the Law Revision Counsel. 18 USC 924 – Penalties No judge can go below that floor, probation is off the table, and the sentence cannot be suspended. For someone with a qualifying record, possessing a single shotgun shell can trigger a sentence longer than many violent crimes carry.
What the Government Has to Prove About Knowledge
In Rehaif v. United States (2019), the Supreme Court held that the government must prove two things: that the defendant knew they possessed the ammunition, and that the defendant knew they belonged to a prohibited category — for example, that they had a felony conviction.9Supreme Court of the United States. Rehaif v. United States, 588 U.S. 225 (2019) Before Rehaif, many courts allowed convictions without requiring proof that the defendant knew their own status.
The defense is narrow in practice. Most people who have been convicted of a felony and served time know they are felons. But Rehaif occasionally matters for people who didn’t realize their offense qualified as a felony for firearms purposes, or for people in other prohibited categories who didn’t know their status. Without proof of knowledge of status, the charge fails.
Second Amendment Challenges After Bruen
The Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen created a new framework for evaluating gun laws under the Second Amendment, requiring the government to justify restrictions by pointing to historical analogues from the founding era. That decision triggered a wave of challenges to the felon-in-possession ban.
The leading case is Range v. Attorney General, in which the Third Circuit, sitting en banc, ruled that § 922(g)(1) was unconstitutional as applied to a man whose only qualifying conviction was a decades-old, nonviolent food-stamp fraud offense.10United States Court of Appeals for the Third Circuit. Range v. Attorney General, No. 21-2835 (3d Cir. 2023) The court found no historical tradition of permanently disarming people like Range after they had served their sentences for minor, nonviolent crimes.
Other circuits have gone the other way. The Eighth, Tenth, and Eleventh Circuits have upheld the ban even for nonviolent offenders, rejecting the need for a case-by-case analysis.11Duke Center for Firearms Law. The Second Amendment on Appeal Post-Bruen Whether a nonviolent felon can bring a successful challenge depends on where the case is filed. In most jurisdictions the ban remains fully enforceable.
Getting the Right to Possess Ammunition Back
Legal paths to regain ammunition rights exist, but they are narrow. Which one applies depends on whether the disqualifying conviction was federal or state.
Federal Convictions
For a federal felony, the most direct route is a presidential pardon. A pardon can restore all civil rights, including the right to possess ammunition, but it is entirely discretionary and rarely granted.
Federal law also authorizes the Attorney General to grant relief from firearms and ammunition disabilities under 18 U.S.C. § 925(c). An applicant must show that their record and reputation indicate they won’t endanger public safety and that restoring their rights serves the public interest.12Office of the Law Revision Counsel. 18 USC 925 – Exceptions and Relief From Disabilities For decades, Congress blocked the Department of Justice from spending any money to process these applications, making the program effectively dead. As of early 2025, the DOJ announced it is developing an online application system for § 925(c) requests, though applications are not yet being accepted.13U.S. Department of Justice. Federal Firearm Rights Restoration Under 18 U.S. Code 925(c) Whether the program becomes operational and survives future budget cycles remains open.
State Convictions
Federal law carves out an exception for state convictions that have been expunged, set aside, or pardoned, or for which civil rights have been restored. There is a catch. If the state’s restoration expressly provides that the person still may not possess firearms, the conviction remains disqualifying under federal law.14Office of the Law Revision Counsel. a href=”https://uscode.house.gov/view.xhtml?req=(title:18%20section:921%20edition:prelim)” target=”_blank” rel=”noopener”>18 USC 921 – Definitions Many states restore voting rights and other civil rights automatically after a sentence is complete but keep the firearms restriction in place, and that carve-out is exactly what preserves the federal ban.
The result is that a person whose state rights have been “restored” can still face federal prosecution for possessing ammunition if any firearms restriction remains. The state process has to remove the firearms disability entirely for the federal exception to apply. Anyone considering a rights restoration petition should verify that the relief available in their state actually lifts the firearms and ammunition prohibition, not just other civil disabilities.