POSSESSION OF A FIREARM BY A FELON

Pursuant to 18 U.S.C. § 922(g)(1), the crime of Felon in Possession of a Firearm is committed when a convicted felon ships, transports, or possesses any firearm or ammunition that has been distributed in interstate or foreign commerce.

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Definition of a Conviction

Pursuant to 18 U.S.C. § 921(a)(20), the existence of a felony conviction under 18 U.S.C. § 922(g)(1) is “determined in accordance with the law of the jurisdiction in which the proceedings were held.”

Florida allows for a withheld adjudication in state court.  If you have received a withheld adjudication for a state crime, you are not deemed to have been convicted.  Under Florida law, a person who receives a withhold of adjudication of guilt is not considered to be a convicted felon. 

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Penalties for Felon in Possession of a Firearm

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Under federal law, the crime of Felon in Possession of a Firearm is a Class D felony, punishable by up to ten years in prison, three years of supervised release, and $250,000 in fines.

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Under the United States Sentencing Guidelines, a person convicted of Felon in Possession of a Firearm would be assigned a base offense level between 12-26, which carries a guideline range of 10-78 months in prison before taking into account any mitigating or aggravating circumstances.

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As of 2017, the average sentence length for all section 922(g) offenders was 64 months.

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Armed Career Criminals

The Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), mandates a minimum 15-year term of imprisonment for any person convicted of Felon in Possession of a Firearm if the person has three prior state or federal convictions for violent felonies or serious drug offenses.