Federal gun charges: 922(g), 924(c) and the Armed Career Criminal Act

What does the law make illegal?

Prohibited persons, 18 U.S.C. § 922(g)

It is a crime for someone in any of these groups to ship, transport, possess or receive a gun or ammunition that has moved in interstate or foreign commerce (18 U.S.C. § 922(g)). Almost every gun has crossed a state line at some point, so this reaches most cases. The groups are people who:

• Have been convicted of a crime punishable by more than one year in prison (usually a felony).
• Are fugitives from justice.
• Are unlawful users of, or addicted to, a controlled substance.
• Have been found mentally incompetent by a court or committed to a mental institution.
• Are in the country unlawfully, or (with exceptions) are here on a nonimmigrant visa.
• Were dishonorably discharged from the armed forces.
• Have renounced U.S. citizenship.
• Are subject to certain domestic violence restraining orders.
• Have been convicted of a misdemeanor crime of domestic violence.

The government must prove the person knew they had the gun and knew they belonged to the barred group, for example that they had been convicted of a crime punishable by more than a year (Rehaif v. United States, 588 U.S. 225 (2019)). "Possession" can be actual (on the person) or constructive (the power and intent to control a gun, such as one in a car or home).

Recent Second Amendment rulings

In United States v. Rahimi, 602 U.S. 680 (2024), the Supreme Court upheld the ban for people under a court order finding they pose a credible threat to another person's safety (§ 922(g)(8)). In United States v. Hemani, 608 U.S. 772 (2026), it held that prosecuting a man under § 922(g)(3) based only on his regular marijuana use was inconsistent with the Second Amendment. Hemani was an as-applied ruling, not a strike-down of the whole law. Courts are still working out how these rulings apply to other parts of § 922(g), including the felon ban, so the facts of each case matter.

Guns in drug or violent crimes, 18 U.S.C. § 924(c)

It is a separate crime to use or carry a gun during and in relation to a federal drug trafficking crime or crime of violence, or to possess a gun in furtherance of one (18 U.S.C. § 924(c)). "In furtherance" means the gun helped or advanced the crime, not just that it was nearby. A crime of violence must have the use, attempted use or threatened use of physical force as an element; the Supreme Court held that knowingly causing injury or death, even by failing to act, counts (Delligatti v. United States, 604 U.S. 423 (2025)).

Other common federal gun charges

• Lying on the background-check form when buying a gun (§ 922(a)(6)): up to 10 years (§ 924(a)(2)).
• Selling or giving a gun to someone you know or have reason to believe is barred (§ 922(d)): up to 15 years (§ 924(a)(8)).
• Straw purchasing (18 U.S.C. § 932) and gun trafficking (18 U.S.C. § 933), both created in 2022.
• Dealing in guns without a license (§ 922(a)(1)(A)), machine guns (§ 922(o)) and unregistered short-barreled or other National Firearms Act weapons (26 U.S.C. § 5861).

What are the penalties?

§ 922(g): up to 15 years (18 U.S.C. § 924(a)(8)). Before the Bipartisan Safer Communities Act of 2022, the maximum was 10 years, so the date of the offense matters. There is no mandatory minimum unless the Armed Career Criminal Act applies.

• Consecutive and no probation. A § 924(c) term can't run at the same time as any other prison term, and the judge can't give probation (§ 924(c)(1)(D)).
• No more stacking in one case. Since the First Step Act of 2018, the 25-year term applies only if an earlier § 924(c) conviction was already final before the new offense.
• One act, one conviction. In Barrett v. United States, 607 U.S. 128 (2026), the Court held that a single act can't support convictions under both § 924(c)(1)(A)(i) and § 924(j).
• Armed Career Criminal Act: a person convicted under § 922(g) who has three prior convictions for a "violent felony" or "serious drug offense," committed on occasions different from one another, faces at least 15 years, with no probation (18 U.S.C. § 924(e)).
• Fines and forfeiture: fines up to $250,000 per felony count (18 U.S.C. § 3571), and forfeiture of the guns and ammunition involved (18 U.S.C. § 924(d)).

Supreme Court limits on the ACCA

• Offenses committed in a single criminal episode can count as one "occasion" (Wooden v. United States, 595 U.S. 360 (2022)).
• A unanimous jury must find beyond a reasonable doubt that the prior offenses were committed on different occasions, unless the person admits it (Erlinger v. United States, 602 U.S. 821 (2024)).
• A state drug conviction counts if it involved a drug on the federal schedules at the time of that offense (Brown v. United States, 602 U.S. 101 (2024)).

How does sentencing work for this charge?

Possession and transfer cases are sentenced under USSG §2K2.1. The base offense level ranges from 6 to 26. It is higher for people with prior felony convictions for a crime of violence or a controlled substance offense, and for guns such as semiautomatic firearms that can accept a large-capacity magazine. Common increases include:

• Number of guns: +2 for 3 to 7 guns, up to +10 for 200 or more (§2K2.1(b)(1)).
• Stolen gun: +2; altered or missing serial number: +4 (§2K2.1(b)(4)).
• Machine-gun conversion devices (such as "switches"): +2 or +4 (§2K2.1(b)(5)).
• Trafficking: +2 or +5 for transfers to people who are barred or will misuse the gun (§2K2.1(b)(6)).
• Another felony: +4, with a floor of level 18, if the gun was used or possessed in connection with another felony, such as drug dealing (§2K2.1(b)(7)).

For § 924(c), the guideline sentence is the minimum term the statute requires, added to the sentence for the other crime (USSG §2K2.4). People who qualify under the ACCA are sentenced under USSG §4B1.4, which sets higher offense levels and a criminal history category of at least IV.

Pending at the Supreme Court. In Beaird v. United States, No. 25-5343, set for argument on October 13, 2026, the Court agreed to decide whether Stinson v. United States (1993) still states the rule for how much weight courts must give the Guidelines’ commentary, the notes that follow each guideline. The answer could affect rules on this page that come from commentary rather than from the guideline text itself.

Guideline numbers on this page are from the Guidelines Manual in effect since November 1, 2025, which no longer uses “departures”: the judge calculates the range, then weighs the factors in 18 U.S.C. § 3553(a). For more depth, see Sentencing for § 924(c) gun charges, at Sentencing.net, a Criminal Center site.

Statutes covered on this page

Each federal law this page covers, listed by how often it was a statute of conviction in fiscal year 2025 (U.S. Sentencing Commission data). For each one: the official section heading, what the government must prove, the penalties, and the sentencing guideline the Commission's Statutory Index assigns to it. See all statutes by title and section.

• 18 U.S.C. § 922(g)
• 18 U.S.C. § 924(c)
• 18 U.S.C. § 922(o)
• 26 U.S.C. § 5861
• 18 U.S.C. § 922(j)
• 18 U.S.C. § 924(e)
• 18 U.S.C. § 922(k)

How do these cases usually start and move?

Many gun cases start with a traffic stop, a search warrant in a drug investigation, or a state arrest that federal prosecutors "adopt." Agents from ATF, the FBI or a joint task force may trace the gun and review the person's record. Gun-purchase cases often start with background-check forms and store records.

When a § 924(c) charge is filed, the law presumes the person should be held before trial, though the defense can try to rebut that presumption (18 U.S.C. § 3142(e)(3)(B)). Because § 924(c) and the ACCA carry fixed minimums, charging and plea decisions often decide much of the sentence, so the details of the prior record and the gun's link to any other crime are worth checking early.

The usual stages of a federal case

1. 1Investigation. Agents gather records and interview witnesses, often using grand jury subpoenas. Someone the prosecutor views as a "target" may get a target letter before an indictment (Justice Manual 9-11.151, 9-11.153).
2. 2Charges. A federal felony is usually charged by indictment: a grand jury decides in private whether there is probable cause (Fed. R. Crim. P. 6, 7). Some cases start with an arrest on a criminal complaint.
3. 3First appearance and detention. After an arrest, the person goes before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). The judge decides whether they are released or held until trial (18 U.S.C. § 3142).
4. 4Evidence and motions. The government must turn over certain evidence (Fed. R. Crim. P. 16). The defense can ask the court to suppress evidence or dismiss charges (Fed. R. Crim. P. 12).
5. 5Plea or trial. Many federal cases end in a guilty plea, which the judge must find knowing and voluntary (Fed. R. Crim. P. 11). At trial, the government must prove every element beyond a reasonable doubt, and a jury verdict must be unanimous (Fed. R. Crim. P. 31(a)).
6. 6Sentencing. A probation officer writes a presentence report, and each side can object in writing within 14 days of receiving it (Fed. R. Crim. P. 32). The judge then decides the sentence under 18 U.S.C. § 3553(a).

More on what to do at each stage: Facing federal charges? What to do now.

What defense issues come up in these cases?

• The search. Was the stop, search or warrant lawful under the Fourth Amendment? If not, the gun may be kept out of evidence.
• Possession. Was the gun really the person's, especially when found in a shared car or home?
• Knowledge of status. Under Rehaif, did the person know they were in a barred group?
• The prior record. Does an old conviction actually count, for § 922(g)(1), for the ACCA or for a higher §2K2.1 base level? Was a civil-rights restoration, expungement or pardon involved?
• Second Amendment. After Rahimi and Hemani, is there an as-applied challenge on these facts?
• The § 924(c) link. Was the gun used during and in relation to, or possessed in furtherance of, the drug or violent crime, and is the other crime really a "crime of violence"?
• Different occasions. For the ACCA, were the prior offenses truly on different occasions, and was that found by a jury or admitted?
• Justification. In narrow cases, many federal courts recognize a defense when a barred person took a gun because of an immediate threat of death or serious injury and had no reasonable legal alternative. The person must prove it.

Every case turns on its own facts. These are issues to look at, not predictions about how any case will turn out.

What happens after a conviction?

Compassionate release has limits in § 924(c) cases. In Rutherford v. United States, 608 U.S. 454 (2026), the Supreme Court held that the gap between an old stacked § 924(c) sentence and today's shorter sentence, by itself, can't be an "extraordinary and compelling" reason for release, because Congress didn't make the First Step Act change retroactive.

Getting gun rights back: a Justice Department final rule, effective September 21, 2026, sets the criteria for granting relief from federal firearm disabilities under 18 U.S.C. § 925(c) (91 Fed. Reg. 54054). Relief is not automatic, and it is separate from a pardon.

• Appeal. A notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Many plea agreements waive the right to appeal, but in Hunter v. United States (2026) the Supreme Court held that a waiver can’t be enforced when doing so would cause a miscarriage of justice, a high bar. See federal appeals at Sentencing.net.
• A § 2255 motion. A motion asking the sentencing court to vacate, set aside or correct the sentence, for example for ineffective assistance of counsel. It is usually due within one year after the conviction becomes final (28 U.S.C. § 2255(f)). See 2255motion.com.
• Compassionate release. A motion asking the judge to reduce a prison sentence for extraordinary and compelling reasons, filed after the person asks the warden and either exhausts BOP appeals or waits 30 days (18 U.S.C. § 3582(c)(1)(A)). It can’t be used to attack the validity of the conviction itself (Fernandez v. United States (2026)). See CompassionateRelease.com.
• Clemency. The President can pardon a federal offense or commute (shorten) a federal sentence (U.S. Const. art. II, § 2). See Clemency.com.