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Federal Felon-in-Possession Sentencing and Guideline Changes

Last reviewed: 2026-08-28
Quick answer

A standard knowing § 922(g) conviction has a 15-year statutory maximum, but the advisory guideline range can move substantially based on prior convictions, firearm characteristics, trafficking, connection to other felonies, criminal history, and whether ACCA applies.

Federal firearm sentencing is not determined by the statute alone. Courts usually begin with the statutory maximum or minimum, calculate the advisory U.S. Sentencing Guidelines, then apply the sentencing factors in 18 U.S.C. § 3553(a).

Standard § 922(g) case

A knowing § 922(g) violation carries a statutory maximum of 15 years under § 924(a)(8). The advisory guideline calculation commonly begins with U.S.S.G. §2K2.1.

What can change the guideline range?

Depending on the case, §2K2.1 can be affected by prior qualifying convictions, the type and number of firearms, stolen or unlawfully marked weapons, machinegun conversion devices, trafficking conduct, possession in connection with another felony, and other specific offense characteristics. Criminal-history points also affect the guideline range.

2025 firearm-guideline change

Amendment 834, effective November 1, 2025, added tiered enhancements for machinegun conversion devices under §2K2.1. The Commission described a two-level enhancement for specified MCD conduct and a four-level enhancement at the higher threshold described in the amendment.

2026 amendments: check the effective date

The Sentencing Commission submitted additional amendments to Congress in 2026 with a stated effective date of November 1, 2026 absent congressional action. As of this page’s August 28, 2026 review date, those amendments are adopted but not yet effective. Sentencing research should always use the manual and amendments applicable to the offense and sentencing date, subject to ex post facto principles.

ACCA can radically change exposure

If 18 U.S.C. § 924(e) applies, the case can carry a 15-year mandatory minimum. ACCA qualification is one of the most consequential and litigated parts of federal firearm sentencing.

Frequently asked questions

How much time does a felon get for a gun in federal court?

There is no single sentence. A standard § 922(g) conviction has a 15-year statutory maximum, but the guideline range and final sentence depend on the record and conduct.

What guideline applies to felon in possession?

U.S.S.G. §2K2.1 is the principal guideline for unlawful receipt, possession or transportation of firearms or ammunition and prohibited firearm transactions.

What can increase a federal firearm sentence?

Potential factors include qualifying prior convictions, firearm type and number, stolen or altered/unmarked weapons, trafficking, machinegun conversion devices, possession in connection with another felony, and criminal history.

Did federal gun sentencing change in 2025?

Yes. Among the 2025 changes, Amendment 834 added guideline treatment for machinegun conversion devices and became effective November 1, 2025.

Are the 2026 guideline amendments already effective?

The Commission states that its 2026 adopted amendments have a November 1, 2026 effective date absent congressional action. As of August 28, 2026, that date is still in the future.

Sources and legal references