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18 U.S.C. § 922(g): Prohibited Persons and Felon in Possession

Last reviewed: 2026-08-28
Quick answer

18 U.S.C. § 922(g)(1) is the principal federal law prohibiting firearm or ammunition possession after a qualifying conviction. It must be read together with § 921(a)(20), current case law, and any independent state prohibition.

18 U.S.C. § 922(g) is the principal federal prohibited-person possession statute. It covers multiple categories and applies to firearms and ammunition that meet the statute’s federal nexus requirements.

§ 922(g)(1): felony-related prohibition

Section 922(g)(1) generally covers a person “who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.” That phrase must be read with the definitions and exclusions in 18 U.S.C. § 921(a)(20).

Other § 922(g) categories

Section 922(g) also includes categories involving fugitives, certain controlled-substance status, certain mental-health adjudications or commitments, immigration status, dishonorable discharge, renunciation of U.S. citizenship, certain restraining orders, and misdemeanor crimes of domestic violence. The exact statutory text controls.

Knowledge after Rehaif

Under Rehaif v. United States, a § 922(g) prosecution requires proof that the defendant knew of the status that placed the defendant within the relevant prohibited category. Courts continue to apply this rule to particular records and trial facts.

What counts as possession?

Federal possession can be actual or constructive. Constructive possession generally concerns the power and intention to exercise dominion or control, a fact-intensive issue that can matter in shared homes, vehicles and locations.

Restoration and § 921(a)(20)

The effect of a state conviction that has been expunged, set aside, pardoned, or followed by restoration of civil rights can require close analysis of § 921(a)(20), including whether the relief expressly restricts firearms. Do not assume a record-sealing label is enough.

Frequently asked questions

What is felon in possession of a firearm under federal law?

The common federal charge is a knowing violation of 18 U.S.C. § 922(g)(1) by a person whose prior conviction qualifies under federal law.

Can a felon possess ammunition?

Section 922(g) generally prohibits qualifying prohibited persons from possessing ammunition as well as firearms.

What if the felony was nonviolent?

Section 922(g)(1) is not limited on its face to convictions labeled violent. Constitutional and restoration issues can differ by case and circuit.

What if the conviction was expunged or pardoned?

The effect can depend on § 921(a)(20), the law of the convicting jurisdiction, and the exact relief order.

Can someone be charged if the gun belongs to a spouse?

Ownership and possession are different concepts. Constructive possession can create risk if a prohibited person has access to or control over the firearm.

Sources and legal references