Gun possession charges can range from misdemeanors to serious felonies depending on specific circumstances. The answer to “is illegal gun possession a felony” depends on factors like your criminal history, the type of firearm, and applicable state laws.

We at Law Offices of Scott B. Saul see clients facing these complex charges regularly. Understanding the distinction between misdemeanor and felony gun possession can significantly impact your future and freedom.

Which Laws Apply to Your Gun Possession Case

Federal and state laws create a complex web of gun possession regulations that often overlap and contradict each other. The Gun Control Act of 1968 establishes the foundation for federal restrictions, while each state adds its own layer of rules. Federal law prohibits nine specific categories of people from possessing firearms, including anyone convicted of a crime punishable by more than one year in prison. State laws frequently expand these restrictions further, creating additional prohibited categories that can turn legal possession under federal law into a state felony.

Federal Prohibited Person Categories

Federal law under 18 U.S.C. § 922(g) restricts gun rights for individuals with felony convictions, those under domestic violence restraining orders, and people convicted of misdemeanor domestic violence crimes. The Lautenberg Amendment of 1996 added the domestic violence misdemeanor ban, affecting thousands of law enforcement officers who lost their jobs overnight.

Veterans with dishonorable discharges also face lifetime bans. Mental health adjudications trigger federal prohibitions, though the criteria remain unclear in many cases. Drug users face restrictions, but enforcement varies dramatically across jurisdictions.

State Law Complications

State laws create additional prohibited categories that federal law does not recognize. Some states ban possession for misdemeanor assault convictions, while others restrict rights for tax evasion or wildlife violations. Florida prohibits possession for anyone committed to a mental health facility, even voluntarily.

California extends restrictions to individuals with restraining orders that federal law does not cover. These state-specific rules mean legal possession in one state can become a felony when crossing state lines. The FBI’s National Instant Criminal Background Check System processes firearms background checks, leaving significant gaps in enforcement.

How Multiple Jurisdictions Affect Your Case

The overlap between federal and state laws creates prosecution options that can dramatically impact your charges. Federal prosecutors may choose to pursue cases in federal court where mandatory minimums apply, while state prosecutors might file charges under more lenient state statutes. This jurisdictional complexity means identical facts can result in vastly different penalties depending on which court system handles your case. Understanding how to avoid illegal gun possession charges requires navigating both federal and state requirements carefully.

When Does Gun Possession Become a Felony

Criminal history transforms gun possession charges from misdemeanors into serious felonies with devastating consequences. First-time offenders often face misdemeanor charges under state law, typically resulting in up to one year in jail and fines around $1,000. However, federal prosecutors increasingly target even first-time offenders under 18 U.S.C. § 922(g), which carries a maximum 10-year prison sentence. The difference is stark: state misdemeanor charges might result in probation, while federal felony charges almost guarantee prison time.

Prior Convictions Create Mandatory Minimums

Federal statistics show that 97% of defendants charged with firearms offenses have prior criminal records, which makes repeat offender status nearly universal in federal court. The Armed Career Criminal Act mandates 15-year minimum sentences for anyone with three prior violent felonies or serious drug offenses who illegally possesses a firearm. Average sentences under this law reached 182 months in fiscal year 2016 (according to U.S. Sentencing Commission data). Black defendants face particularly harsh treatment, with average sentences of 165 months compared to shorter terms for other racial groups. Texas and Missouri lead prosecutions with 756 and 704 federal sentences respectively.

Specific Circumstances Trigger Automatic Felonies

Certain circumstances automatically elevate gun possession to felony status regardless of criminal history. Possession of firearms while someone commits drug trafficking or violent crimes triggers mandatory minimums under 18 U.S.C. § 924(c), with average sentences that exceed 12 years. Multiple firearm counts result in sentences that average 327 months, as each additional count adds mandatory consecutive time. Domestic violence restraining orders (even temporary ones) convert otherwise legal possession into federal felonies.

Weapon Types That Guarantee Felony Charges

Machine guns, unregistered National Firearms Act weapons, and firearms with obliterated serial numbers carry automatic felony classifications with severe mandatory minimums that judges cannot reduce. These weapon-specific violations often result in the harshest penalties available under federal law. The penalties and consequences of these felony convictions extend far beyond prison time and affect every aspect of your future.

What Are the Real Consequences of Illegal Gun Possession

Prison Sentences That Destroy Lives

Federal gun possession convictions result in prison sentences that average 56.8 months for Black defendants and 43.9 months for White defendants according to U.S. Sentencing Commission data. These numbers reflect actual time served, not suspended sentences or probation. Federal judges sentenced 8,481 individuals for illegal firearms possession in 2019 alone, with 97% receiving prison time rather than alternatives.

The Armed Career Criminal Act affects sentencing outcomes, while defendants face multiple counts under 18 U.S.C. § 924(c) receive sentences that average 327 months. State courts impose lighter sentences initially, but repeat offenses trigger harsh mandatory minimums that judges cannot reduce. Fines reach $250,000 for federal felonies, though courts often waive these when defendants lack assets to pay.

Permanent Loss of Civil Rights

Gun possession felonies permanently strip away fundamental civil rights that never return automatically. Voting rights disappear in many states, jury service becomes impossible, and public office remains permanently off-limits. Federal law bans all future firearm possession for life with extremely limited exceptions for pardons or expungements (which rarely succeed).

The ban extends to ammunition possession, making hunting, sport shooting, and self-defense legally impossible. Professional licenses for law enforcement, security, and many other careers become unattainable. Military service ends immediately for active personnel, while veterans lose benefits in some cases.

Career Destruction Beyond Prison

Employment discrimination against felons remains legal in most industries, creating permanent economic disadvantage. Professional licensing boards revoke credentials for lawyers, doctors, nurses, teachers, and financial professionals based solely on gun possession convictions. Federal employment becomes impossible, eliminating entire career paths in government service.

Security clearances disappear permanently, ending careers in defense contracting, law enforcement, and sensitive industries. Many employers conduct background checks that reveal these convictions decades later, limiting job prospects throughout life. Background checks reveal these convictions permanently, affecting housing applications, employment opportunities, and even volunteer positions with youth organizations.

Final Thoughts

Is illegal gun possession a felony? Your criminal history, possession circumstances, and prosecuting court system determine the answer. First-time offenders might face state misdemeanor charges, but federal prosecutors increasingly pursue felony cases with 10-year maximum sentences. Prior convictions transform possession into mandatory minimum cases with average sentences that exceed 12 years.

Felony convictions permanently eliminate voting rights, professional licenses, and future gun ownership. Employment discrimination becomes legal and destroys career prospects across multiple industries. Federal statistics show 8,481 people received sentences for illegal firearms possession in 2019, with 97% facing prison time rather than probation (according to U.S. Sentencing Commission data).

These cases demand immediate professional intervention. We at Law Offices of Scott B. Saul defend gun possession charges with extensive experience in federal and state courts. Contact experienced criminal defense attorneys immediately if you face gun possession charges. Early intervention can mean the difference between misdemeanor and felony charges, between probation and prison, between preserving your future and losing your civil rights permanently.