“Felony possession of a firearm” usually describes firearm possession by a person whose prior conviction makes possession unlawful. Federal prosecutions commonly use 18 U.S.C. § 922(g)(1), while states have separate prohibited-person statutes with different elements, restoration rules, and penalties.
Federal felon in possession elements
A federal § 922(g)(1) case generally requires proof of possession, the required interstate-commerce nexus, and a qualifying conviction. After Rehaif, the government also must prove knowledge of the relevant prohibited status.
Actual and constructive possession
Possession can be direct physical custody or constructive possession based on power and intent to exercise control. Vehicles, bedrooms, safes, shared homes, and jointly occupied spaces can create fact-intensive disputes.
Federal sentencing
A standard knowing § 922(g) conviction carries up to 15 years under § 924(a)(8). Sentencing Guidelines §2K2.1 and criminal history can substantially affect the advisory range, and ACCA can impose a 15-year mandatory minimum when its criteria are met.
State felon-in-possession laws
Some state statutes are broader or narrower than federal law and may have their own waiting periods, offense lists, possession definitions, and restoration processes.
Use the 50-state directory
Firearm eligibility is unusually dependent on jurisdiction. Review the individual page for every state and the District of Columbia for restoration rules, carry and acquisition policy comparisons, official code links, and state-specific keyword FAQs.
Read the major court cases
Current firearm law is changing through litigation. The 25-case library covers Bruen, Rahimi, Hemani, Wolford, recent § 922(g)(1) circuit cases, ACCA sentencing, purchaser licensing, sensitive places, magazine limits, ghost guns, age limits, and other decisions affecting the answer.