Federal Felon-in-Possession Prosecutions
Federal felon-in-possession charges under 18 U.S.C. § 922(g) are among the most common federal prosecutions in Kentucky. When state officers encounter a firearm in possession of someone with a prior felony, ATF and the U.S. Attorney’s Office frequently pick up the case as a federal prosecution — where penalties dwarf state-court exposure. Whether your case is in Louisville, Lexington, or anywhere in Kentucky, Clark + Harris provides the federal firearms defense these cases demand.
The §922(g) Statutory Framework
18 U.S.C. § 922(g) prohibits firearm possession by nine categories of prohibited persons: convicted felons, fugitives, unlawful drug users, those adjudicated mentally defective or committed, undocumented immigrants, those who renounced U.S. citizenship, those dishonorably discharged from the military, those subject to qualifying protective orders, and those convicted of misdemeanor domestic violence (the Lautenberg Amendment).
Penalties and Sentencing Guidelines
A §922(g) conviction carries up to 10 years in prison under 18 U.S.C. § 924(a). Sentencing Guidelines calculations under §2K2.1 depend heavily on the defendant’s criminal history, the type of firearm, and whether the weapon was used in connection with another offense. Cases involving multiple firearms, stolen weapons, high-capacity magazines, or connections to drug trafficking rapidly escalate Guidelines calculations.
Armed Career Criminal Act (ACCA) Exposure
A §922(g) defendant with three qualifying prior convictions for “violent felonies” or “serious drug offenses” faces ACCA enhancement under 18 U.S.C. § 924(e), which imposes a 15-year mandatory minimum with up to life imprisonment. ACCA predicate analysis is highly technical, and defeating ACCA designation is often the single most valuable defense outcome in these cases. The Supreme Court has repeatedly trimmed ACCA’s scope — most recently in Borden v. United States — and careful analysis can sometimes eliminate prior convictions as ACCA predicates.
Rahimi, Bruen, and the Evolving Second Amendment
The Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen transformed Second Amendment analysis, and subsequent decisions like United States v. Rahimi have begun to define the constitutional limits of federal firearms prohibitions. Defense challenges to §922(g) prosecutions on Second Amendment grounds — particularly for nonviolent felons — have gained traction in some circuits. These arguments are evolving rapidly and create real opportunities for federal defense.
Defense Strategies
Defense strategies include Fourth Amendment challenges to the search or stop that produced the weapon, challenges to the “knowingly possessed” element (constructive possession cases in shared spaces), challenges to prior convictions qualifying as §922(g) predicates or ACCA predicates, Second Amendment challenges under Bruen/Rahimi frameworks, and attacking the interstate commerce nexus required for federal jurisdiction.
The Rehaif Decision
The Supreme Court’s 2019 decision in Rehaif v. United States held that the government must prove the defendant knew both that he possessed a firearm and that he belonged to a prohibited category. Post-Rehaif, defendants who didn’t know their prior convictions rendered them prohibited persons have viable defenses in some cases.
Contact Clark + Harris for §922(g) Defense
Federal felon-in-possession charges can carry decades of exposure. Clark + Harris provides the federal firearms defense you need.
Call 859-474-0001 today for a confidential consultation.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- Federal Structuring Charges (31 U.S.C. § 5324)
- Federal Illegal Reentry Charges (8 U.S.C. § 1326)
- Federal Public Corruption and Bribery Defense
- Federal RICO Prosecutions in Kentucky
- Kentucky White Collar Crime Defense
Legal Resources
Federal criminal statutes are codified in Title 18 of the United States Code. For federal sentencing guidelines, see the United States Sentencing Commission. For court rules and procedures, visit the U.S. Courts. Contact Clark + Harris PLLC at (859) 474-0001 for federal defense representation in Kentucky.