ACCA can transform a federal felon-in-possession case from a guideline-driven sentence into a case with a 15-year statutory floor.
What ACCA requires
Section 924(e) applies to specified § 922(g) defendants with three previous convictions for violent felonies or serious drug offenses, subject to the statute’s definitions and the separate-occasions requirement.
Predicate analysis is highly technical
Courts often use categorical or modified-categorical methods to compare the elements of a prior statute with ACCA definitions. The label on a state conviction is not enough.
Different occasions after Erlinger
In 2024, the Supreme Court held in Erlinger v. United States that the Fifth and Sixth Amendments require a jury to decide beyond a reasonable doubt whether qualifying predicates occurred on separate occasions when that fact increases the statutory minimum and maximum.
ACCA litigation changes over time
Supreme Court decisions interpreting “violent felony,” enumerated offenses, mens rea and occasions can change whether older convictions qualify.
How to research your own record
- Get the judgment, charging statute and sentencing/discharge records.
- Identify the exact state and federal firearm disabilities that may apply.
- Verify whether any expungement, pardon, set-aside or restoration order changes the conviction for firearm-law purposes.
- Check current statutes and controlling appellate decisions before possessing, receiving or purchasing a firearm or ammunition.
Use the 50-state + D.C. directory, the § 922(g) guide, and the federal restoration guide for the next layer of research.