Federal Gun Laws
Federal criminal jurisdiction is limited to narrow areas of the law. Specifically, the government only has jurisdiction over crimes that affect interstate or international commerce or an important national interest. Therefore, human trafficking falls under federal law, while crimes like assault and battery fall under state law.
Gun possession laws straddle the line separating state and federal jurisdiction. The U.S. Supreme Court has held that gun possession itself doesn't constitute interstate commerce. As such, prosecutors must prove that the firearm crossed state or international borders to establish a violation of federal gun laws.
Moreover, the U.S. Constitution’s Second Amendment protects citizens’ right to “keep and bear arms” against violation by any federal or state laws. At least one court has held that the government can’t prosecute a federal felon in possession of a firearm because it would violate the person’s Constitutional rights.
Statutes Covering Federal Felon-in-Possession-of-a-Firearm Offenses
Federal laws create several classes of “restricted people” who can be punished for possessing a firearm that has moved in interstate commerce. These laws also lay out punishments for the following acts, even if the gun is never used or is only used lawfully:
Felons in Possession of Firearms
18 U.S.C. section 922(g) bars possession of firearms or ammunition by anyone convicted in any court of a crime punishable by more than one year of imprisonment. This statute doesn’t use the term “felony.” However, it matches the conventional definition of felonies, which is that they’re punishable by more than a year in prison.
Notably, the term “any court” encompasses state courts, federal courts, and courts martial conducted by the military. Thus, a conviction in any of those venues for a crime will be considered in determining whether you can lawfully possess a firearm.
The federal statute refers to the potential punishment rather than using the shorthand “felony” because states vary in how they define felonies and misdemeanors.
In some states, serious misdemeanors may be punishable by 18–24 months in jail. The federal felon-in-possession-of-a-firearm statute would apply to individuals convicted of these offenses even though their states don’t consider them felons.
Moreover, some states, like Maine, have eliminated the classification of crimes as either felonies or misdemeanors. In these places, the federal felon-in-possession-of-a-firearm law would cover anyone convicted of a crime punishable by more than one year in prison.
This might seem unfair to some because different states punish the same crime differently. Stealing property worth $1,000 might be felony larceny in one state and misdemeanor petty larceny in another.
Importantly, the laws apply the possible punishment, not the actual punishment you received.
For example, suppose that you pled guilty to a low-level felony and received probation. You would still be subject to the federal firearm restriction if the state’s statute authorized up to five years in prison for the offense.
Possession under the statute includes both actual and constructive possession. Active possession occurs when you have the firearm on your person, even if it’s holstered.
Constructive possession means you have access to and control of the firearm. For example, you might have constructive possession if you have a firearm in a gun safe at your home. It can even apply when a firearm isn’t immediately at hand, such as being kept in a storage unit, if you can access it at will.
Individuals Indicted for Felonies in Possession of Firearms
The federal felon-in-possession-of-a-firearm statute also extends to anyone under felony indictment. Specifically, someone who has been indicted for a felony cannot ship, transport, or receive any firearms or ammunition that have moved across state or international borders.
This section isn’t limited to federal indictments — it can also apply if you face a state felony indictment.
Notably, Congress chose not to use the term “charged.” As a result, the law is unclear about whether it applies to all pending felony charges or only those arising from a grand jury indictment.
In some cases, this distinction might not matter because the gun possession prohibition extends beyond those convicted of felonies. It also includes the following classes of people:
- Fugitives
- Unlawful drug users or addicts
- Those adjudged to be mentally defective or committed to a mental hospital
- Unlawful aliens
- Those present in the U.S. on a non-immigrant visa
- Dishonorably discharged veterans
- Those who have renounced their U.S. citizenship
- Those restricted by a domestic violence protective order
- Those convicted of misdemeanor domestic violence
Anyone who falls into one or more of these categories cannot lawfully possess a firearm, even if they haven’t been indicted for or convicted of a felony offense.
Individuals Who Sell Firearms to Felons
The law forbids anyone from selling or disposing of a firearm or ammunition if they know or should know that the recipient has been convicted of or indicted for a crime punishable by more than one year in prison.
This restriction was meant to prevent criminals from getting guns from unlicensed dealers, such as friends or family members, in order to skirt the federal law. However, it burdens the seller or transferor because they might know about the buyer’s offense without necessarily understanding its severity.
Possible Defenses When Charged in Missouri as a Federal Felon in Possession of a Firearm
A skilled criminal defense attorney will have many options for defending you against your firearm-related charges. Some possible criminal defense strategies include the following:
Illegal Search
Convictions for illegal gun possession often require a search of the suspect’s body or property. Under the Fourth Amendment, the police can only conduct a search under the following circumstances:
- They obtained a search warrant
- You gave your permission for the search
- The search fell into an exception to the Constitution’s warrant requirement
If the police failed to meet at least one of these requirements, the search was illegal, and the court will exclude any unlawfully obtained evidence.
Lack of Intent
You must know about the firearm to “possess” it. If someone else placed the gun in your home or vehicle without your knowledge, you lacked the intent necessary for possession.
Unconstitutionality of the Statute
At least one court has ruled the felon-in-possession statute unconstitutional. Specifically, courts in the Third and Ninth Circuits have found that the restrictions on firearm possession by convicted felons violate the Second Amendment.
Even though this law has been repeatedly upheld, a new Supreme Court opinion issued in 2022 called into question the Constitutionality of the ban.
