A felon caught with a firearm faces up to 15 years in federal prison, and a mandatory minimum of 15 years if they have three or more qualifying prior convictions. That is the current federal ceiling under 18 U.S.C. § 924(a)(8), raised from 10 years when Congress passed the Bipartisan Safer Communities Act in 2022.1U.S. Congress. Bipartisan Safer Communities Act – Section 12004(c) State charges carry their own penalties, and the actual time served in any given case depends on the prior record, the circumstances of the possession, and whether federal or state prosecutors take the case.
The 15-Year Federal Maximum
Federal law bars anyone convicted of a crime punishable by more than one year in prison from possessing a firearm or ammunition. The prohibition sits in 18 U.S.C. § 922(g) and reaches shipping, transporting, receiving, or simply having a gun or ammunition that has moved through interstate commerce at any point. Because nearly every commercially manufactured firearm or cartridge has crossed a state line, the statute covers essentially all weapons.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
The penalty appears in a separate statute. A conviction under § 924(a)(8) carries up to 15 years in federal prison, a fine of up to $250,000, or both, along with a term of supervised release after incarceration.3Office of the Law Revision Counsel. 18 USC 924 – Penalties
The ban does not distinguish between violent and nonviolent priors. A fraud conviction triggers it just as an assault conviction does. It also has no time limit. Someone convicted at age 20 who picks up a firearm at age 60 is still violating federal law unless their rights have been formally restored.
When 15 Years Becomes the Floor
The Armed Career Criminal Act, at 18 U.S.C. § 924(e), turns the 15-year figure from a ceiling into a floor. A defendant convicted of illegally possessing a firearm who also has three or more prior convictions for a violent felony or a serious drug offense faces a mandatory minimum of 15 years. The court cannot suspend the sentence or substitute probation, and the three priors must have been committed on separate occasions.3Office of the Law Revision Counsel. 18 USC 924 – Penalties
A serious drug offense means a federal or state drug crime with a maximum sentence of 10 years or more. A violent felony means a crime punishable by more than one year that involves the use or threat of physical force, or falls into a listed category including burglary, arson, extortion, and offenses involving explosives.
What Sentences Actually Look Like
Statutory maximums and mandatory minimums set the outer bounds, but real sentences cluster somewhere else. The U.S. Sentencing Commission reported that the average federal sentence for felon-in-possession cases was about 60 months, or five years. For defendants sentenced under the Armed Career Criminal Act, the average was 186 months, or roughly 15 and a half years.4United States Sentencing Commission. Quick Facts – Felon in Possession of a Firearm The gap shows how heavily the prior record drives the outcome. A single nonviolent felony in an otherwise clean history tends to produce a guideline range well under the statutory maximum. Three qualifying priors put the floor above a decade.
What Pushes a Federal Sentence Up or Down
The federal sentencing guidelines raise the base offense level for specific case features. Sentences climb if the firearm was stolen, if it had an obliterated serial number, if the weapon was a short-barreled rifle or shotgun, or if the defendant has prior convictions for violent or drug offenses even below the three-conviction ACCA threshold.5United States Sentencing Commission. Primer on Firearms Offenses
Possessing a firearm in connection with another crime, such as drug trafficking, can bring a separate charge under 18 U.S.C. § 924(c) that stacks additional years on top of the possession sentence. Cooperation cuts the other way. The government can move for a reduced sentence when a defendant provides substantial assistance in another investigation, and that motion is one of the few mechanisms that can take a sentence below a mandatory minimum.
State Charges and Dual Prosecution
Every state also makes it a crime for a convicted felon to possess a firearm, and the penalties vary widely. Some states treat the offense as a lower-level felony carrying two to five years. Others classify it as a serious felony with a ceiling of 10 years or more. Aggravating factors like possessing the firearm during another crime, having multiple prior felonies, or carrying a weapon classified as an assault weapon can push state sentences higher, and some states impose their own mandatory minimums.
State charges can be brought instead of, or alongside, federal charges. Prosecutors sometimes coordinate on which jurisdiction takes the case. A person can also face prosecution in both systems for the same conduct, because the dual sovereignty doctrine allows state and federal governments to bring separate charges without violating double jeopardy protections.
What Counts as Possession
You do not have to be holding a gun to be charged with possessing one. Federal law recognizes both actual and constructive possession.
Actual possession is straightforward: the firearm is on your person, in your hand, in your waistband, or in a bag you are carrying. Constructive possession is where most courtroom fights happen. It applies when a firearm is not on your person but you knew it was there and had the ability to access and control it. A gun stashed under a driver’s seat, locked in a bedroom safe, or tucked in a shared apartment’s closet can all support the charge. Prosecutors weigh factors like where the gun sat relative to the defendant’s belongings, whose fingerprints were on it, and who had access to the space.
Ammunition carries the same weight as a firearm. Possessing a single round violates § 922(g) and exposes you to the same 15-year maximum. A forgotten box of cartridges in a closet creates the same legal exposure as a loaded handgun.
Can Firearm Rights Be Restored?
Federal law provides a narrow route. Under 18 U.S.C. § 925(c), the Attorney General has authority to grant relief from the firearm ban if the applicant shows they are not likely to be dangerous and that restoration would not be contrary to the public interest. The Department of Justice has announced it is developing an application process, though as of early 2025 the program had not opened for submissions.6U.S. Department of Justice. Federal Firearm Rights Restoration
State options are more varied. Many states allow felons to petition for restoration of civil rights, including firearm rights, after completing their sentence and any supervision. A presidential or gubernatorial pardon can lift the federal prohibition. If a conviction has been expunged or set aside, or civil rights have been fully restored under state law, the conviction may no longer count as disqualifying under § 922(g), unless the restoration expressly excludes firearms.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Most Frequently Asked Firearms Questions and Answers
Constitutional Challenges Are Reshaping the Rules
The ground under felon-in-possession law is moving. After the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen required gun regulations to be consistent with the nation’s historical tradition of firearm regulation, courts have begun re-examining whether a blanket lifetime ban on felon gun ownership passes that test. The Third Circuit ruled in Range v. Attorney General that a man convicted of a nonviolent fraud offense could not be permanently barred from possessing a firearm.8United States Court of Appeals for the Third Circuit. Range v. Attorney General, No. 21-2835 That ruling applies only within the Third Circuit and only to the specific challenger. Other circuits have reached different conclusions, and the issue may eventually return to the Supreme Court. For now, the federal ban is enforceable nationwide, and treating an unsettled constitutional theory as a defense is a high-risk bet.