Facing 992(g) Felon in Possession Charges?

Under 18 U.S.C. § 922(g), it is a federal crime for convicted felons to possess a firearm or ammunition. This law applies to anyone with a prior felony conviction, whether state or federal, who is found in possession of a firearm or ammunition anywhere in the United States. These cases are prosecuted in federal court and carry mandatory penalties.

How Do Prosecutors Bring a 992(g) Case?

Most federal felon in possession cases don’t start in federal court; they start on the street. A routine traffic stop, a search warrant on an unrelated investigation, or even a tip to law enforcement can lead to the discovery of a firearm.

From there, local police often refer the case to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or a federal task force, and that’s when everything changes. Once a federal prosecutor – an Assistant United States Attorney (AUSA) picks up the case, you’re no longer in the state system. You’re facing federal charges, federal guidelines, and a process that moves faster and hits harder than anything in state court. 

Elements of a 992(g) Federal Charge

Core Legal Elements

To convict you, the government must prove every one of the following elements beyond a reasonable doubt:

• Prior Felony Conviction
• Knowingly Possessed a Firearm or Ammunition
• Firearm or Ammunition Traveled in or Affected Interstate Commerce

If the government can’t prove even one of these elements, the case falls apart. 

Pretrial Process

Once charges are filed, you’ll be brought before a federal magistrate judge for an initial appearance and arraignment. Here, the government will argue whether you should be detained or released, with certain conditions if applicable, while your case is pending.

In § 922(g) cases, prosecutors almost always push for pretrial detention, arguing that you pose a danger to the community. If the court agrees, you could be held in federal custody for months before your case ever reaches trial.  

Federal Court Trial

Federal trials are a different arena. You will sit in a federal courtroom facing career prosecutors backed by the ATF, the FBI, and every source the United States government can bring to bear, in front of a jury that has already been told you are a convicted felon.

In a § 922(g) trial, the government will try and use your prior record against you, and one of the most critical battles is keeping prejudicial details of past convictions away from the jury. The stakes are absolute: your freedom, your future, and years of your life are on the line with no possibility of parole if you lose.

How We Fight 922(g) Charges

Every federal firearms case has pressure points and our job is to find them and break the government's case wide open.

1. Suppression of the Firearm (Fourth Amendment Violations): The most powerful defense often starts with the search itself. If law enforcement violated your constitutional rights — an illegal traffic stop, an unlawful search of your home or vehicle, a warrant built on lies or stale information — we move to suppress the firearm entirely. Without the gun, there is no case.
2. Challenging Knowing Possession: Just because a firearm was found near you does not mean you possessed it. The government must prove you knowingly had access to and control over that weapon. If the gun was in a shared space, belonged to someone else, or you had no idea it was there, we attack this element relentlessly.

We don't look for easy play, we look for every angle that gives you a fighting chance.

Possible Sentencing & Penalties

A federal § 922(g) conviction carries some of the harshest penalties in the federal system. Here's what you could be facing:

• Up to 15 years in federal prison: The Bipartisan Safer Communities Act of 2022 increased the statutory maximum from 10 to 15 years imprisonment for any prohibited person who knowingly possesses a firearm or ammunition.
• Fines up to $250,000: The court can impose substantial financial penalties on top of any prison sentence.
• 15-year mandatory minimum under the Armed Career Criminal Act (ACCA): If you have three or more prior convictions for a “violent felony” or “serious drug offense,” 18 U.S.C. § 924(e) requires a mandatory minimum of 15 years  with a maximum of life in prison.
• Up to 3 years of supervised release: Even after you serve your sentence, the federal government controls where you live, who you associate with, and what you do.
• Permanent loss of firearm rights: A conviction permanently bars you from ever possessing a firearm or ammunition again.

Examples and Related Cases

Our office has handled felon in possession of a firearm matters. First, it is imperative to assure that the underlying state matter is dismissed to assure you are not prosecuted twice for the same alleged offense. Second, our office has excelled within federal courts when clients face these charges. While it may be difficult (and sometimes impossible) to fight the prior felony element of the charge, we can often push back on possession and poke holes in the government’s case, particularly as it relates to law enforcement observations.

Even in cases where our clients have had to plead guilty to a lesser offense, federal sentencing guidelines for these charges are typically reasonable, even with a criminal history category that reflects the underlying felony. In this realm, we have achieved non-incarceratory results for clients facing 922(g) charges.

Your Defense Begins Now

Every hour you wait is an hour the federal government is using to build its case against you. They have the ATF, the FBI, and unlimited resources and they are not slowing down. Contact The Law Offices of Jason Goldman today, because in federal court, the fight doesn’t start at trial it starts the moment you pick up the phone.