Prior Conviction of Defendant Charged with Possession of a Firearm by a Convicted Felon (18 U.S.C.A. Sec. 922(g)) is a federal law that prohibits anyone who has been convicted of a felony from possessing a firearm. This law applies to any person who has been convicted of a felony in any state or federal court, regardless of whether the person is in custody or has been pardoned or has had their civil rights restored. There are two types of prior convictions that fall under this federal law. The first is a felony conviction in any state or federal court that was punishable by imprisonment for more than one year. The second is a conviction in any state or federal court that was punishable by any term of imprisonment, regardless of the amount of time that was actually served. Under this law, it is illegal for anyone who has been convicted of a felony to possess a firearm in or affecting interstate or foreign commerce, including the carrying of firearms in a vehicle or on one's person. This law applies to all firearms, including shotguns, rifles, and handguns. It also applies to ammunition. Violation of this law carries a potential sentence of up to 10 years in prison.
Prior Conviction of Defendant Charged with Possession of a Firearm by a Convicted Felon (18 U.S.C.A. Sec. 922(g))
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FAQ
Any person who has been ?adjudicated as a mental defective? or ?committed to a mental institution? is prohibited under Federal law from shipping, transporting, receiving, or possessing any firearm or ammunition.
To obtain a conviction under Section 922(g), the government must prove beyond a reasonable doubt that (1) the defendant had previously been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) the defendant knowingly possessed a firearm; and (3) the firearm had previously passed in
§ 922(y)(2). These exceptions include possession of a valid hunting license or permit, admission for lawful hunting or sporting purposes, and foreign law enforcement officers of a friendly foreign government who enter the United States on official law enforcement business.
§ 922(g) prohibits certain persons from shipping, transporting, possessing, or receiving a firearm or ammunition while subject to a prohibition from doing so, most commonly because of a prior conviction for a felony offense. 2 18 U.S.C. § 924(e) requires a 15-year mandatory minimum penalty be.
The penalty provision for a violation of § 922(g) appears at 18 U.S.C. § 924(a)(2), which provides that a person who "knowingly" violates § 922(g) "shall be fined as provided in this title, imprisoned not more than 10 years, or both."
Title 18 U.S.C. §§ 922(d)(8) and (g)(8) concern the prohibition against disposal of firearms to, or receipt or possession of firearms by, persons who are subject to domestic violence protection orders.
Further, the GCA at 18 U.S.C. § 922(d) makes it unlawful to sell or otherwise dispose of firearms or ammunition to any person who is prohibited from shipping, transporting, receiving, or possessing firearms or ammunition.
(i) It shall be unlawful for any person to transport or ship in interstate or foreign commerce, any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.