Gun Charges

The short version

Gun charges are serious legal problems that involve owning, using, or selling firearms. These laws are put in place by both federal and state governments. Knowing these rules is important because breaking them can lead to significant penalties, including prison time and large fines.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

U.S. Const. amend. II
This amendment states that 'a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.'
Why it matters: This is the constitutional basis for your right to own firearms, but this right is not unlimited and can be regulated.
18 U.S.C. § 922(g)
This federal law makes it illegal for certain people to ship, transport, possess, or receive any firearm or ammunition that has traveled across state lines.
Why it matters: This law specifically outlines who cannot legally possess a firearm under federal jurisdiction, regardless of state laws.
18 U.S.C. § 922(g)
The categories of people prohibited by this law include those convicted of a felony (a crime punishable by more than one year in prison), fugitives, illegal drug users, and those dishonorably discharged from the military.
Why it matters: If you fall into one of these prohibited categories, simply having a gun can lead to federal criminal charges.
18 U.S.C. § 922(g)
Other prohibited people include those committed to a mental institution, illegal aliens, persons subject to a domestic violence restraining order, and those convicted of a misdemeanor crime of domestic violence.
Why it matters: These additional categories show how broad the federal restrictions on gun ownership are, affecting many different situations.

Words you need to know

Firearm: A weapon that uses an explosive to fire a projectile. This includes handguns, rifles, and shotguns.
Felon-in-Possession: A common term for someone previously convicted of a felony who then possesses a firearm. This is illegal under federal law (18 U.S.C. § 922(g)).
Prohibited Person: Anyone identified by federal law (like 18 U.S.C. § 922(g)) or state law as being unable to legally own or possess a firearm. This includes felons, domestic abusers, and those committed to mental institutions.
Possession: Having control over an item. This can be 'actual possession' (physically holding it) or 'constructive possession' (having the ability to control it, even if not physically holding it, like a gun in your car).
Weapons Offense: A broad term for any crime involving illegal ownership, carrying, use, or sale of a weapon, including but not limited to firearms.

Your rights

✓You have a constitutional right to keep and bear arms (U.S. Const. amend. II).
✓This right is subject to reasonable government regulation.
✓You have the right to remain silent if questioned by law enforcement.
✓You have the right to an attorney if you are accused of a gun crime.
✓You have the right to a fair trial if charged with a gun crime.

How the process actually works

1
Investigation
When police suspect a crime has occurred or is occurring.
Law enforcement investigates a report or suspicion of illegal firearm activity. This might involve observing your actions, executing a search warrant, or questioning you.
2
Arrest
After probable cause is established by law enforcement.
If police believe you have committed a gun-related offense, they will arrest you. This means you are taken into custody.
3
Charges Filed
Within hours or days of your arrest.
A prosecutor reviews the evidence and decides whether to formally charge you with a crime. This could be a federal charge under 18 U.S.C. § 922(g) or a state charge.
4
Arraignment
Within a few days of charges being filed.
You appear in court to hear the charges against you and enter a plea (guilty, not guilty, or no contest). Your bail will also be set.
5
Pre-Trial Motions/Discovery
Weeks to months after arraignment.
Both sides prepare for trial. Your attorney can file motions to suppress evidence or request information (discovery) from the prosecution.
6
Trial or Plea Bargain
Months to over a year after charges are filed.
If no plea agreement is reached, your case goes to trial. A judge or jury will decide if you are guilty. Many cases resolve with a plea bargain instead.
7
Sentencing
Immediately after a guilty plea or verdict, or a few weeks later.
If you are found guilty or plead guilty, the court will determine your punishment, which can include prison time, fines, probation, and loss of firearm rights.

Deadlines that can end your case

Statute of Limitations (Federal)
Varies, typically 5 years for many federal gun offenses.
After this time, you generally cannot be charged for the crime, but this does not erase the underlying prohibited status (e.g., felon status).
State Statute of Limitations
Varies by state for state gun offenses.
Each state sets its own deadlines for how long the prosecution has to bring charges.

Costly mistakes

✕Not understanding federal and state laws: Many people only know one set of rules, but both apply.
✕Falsely believing a past conviction is 'expunged' or 'sealed' and then possessing a firearm, which can still be a federal crime.
✕Carrying a firearm in a prohibited area, such as a school or federal building, even if you have a permit.
✕Ignoring a domestic violence restraining order or conviction and trying to buy or possess a firearm.
✕Talking to police without a lawyer: Anything you say can be used against you.
✕Failing to properly store firearms, leading to them being accessible to prohibited persons or children.

Your checklist

Research federal gun laws, especially 18 U.S.C. § 922(g), to understand who is prohibited from owning a firearm.
Research your specific state and local gun laws, including permit requirements and prohibited carrying locations.
If you have a past criminal conviction, especially a felony or domestic violence misdemeanor, check your firearm rights carefully.
If you are subject to a restraining order, verify if it prohibits you from possessing firearms.
Store your firearms safely and securely, preventing access by unauthorized individuals.
If contacted by law enforcement about a gun issue, respectfully state you wish to speak with an attorney before answering questions.

Common questions

Can I own a gun if I have a felony conviction?

Under federal law, specifically 18 U.S.C. § 922(g), you generally cannot own a firearm if you have been convicted of a felony. Some states may restore these rights under certain conditions, but the federal prohibition usually remains unless your rights are restored at the federal level, which is rare.

Does the Second Amendment mean I can own any gun I want?

No. The U.S. Supreme Court has confirmed that the Second Amendment (U.S. Const. amend. II) protects an individual's right to bear arms, but it also allows for reasonable government regulation of firearms. This means laws can restrict who can own guns and what types of guns they can own.

What happens if I'm found with a gun I'm not allowed to have?

If you are a 'prohibited person' under federal law (18 U.S.C. § 922(g)) and are found with a firearm, you can face severe federal charges, including significant prison time and fines. State penalties can also apply and vary widely.

Are there different rules for carrying a gun versus owning one?

Yes. While owning a gun is generally allowed for non-prohibited persons, carrying rules are often stricter. Many states require permits to carry a concealed firearm, and some restrict open carry. Rules also vary based on location, such as schools or government buildings.

What is a 'straw purchase' and is it illegal?

A 'straw purchase' is when you buy a firearm for someone else who is prohibited from owning one, or who wants to hide their identity. This is a serious federal felony under 18 U.S.C. § 922(a)(6) because it involves making false statements on federal forms, and it helps prohibited people get guns.

How this changes by state

Gun laws vary significantly from state to state. While federal law (like 18 U.S.C. § 922(g)) sets a baseline for who cannot own a firearm, individual states can add further restrictions. For example, some states have stricter rules on magazine capacity, specific types of firearms, or where you can carry a gun. Some states require permits for all firearm purchases, while others do not. To find your state's specific rules, you should check your state's criminal code or attorney general's website, or consult a local attorney specializing in gun law.

When you need a lawyer

You need a lawyer immediately if you are arrested or questioned by law enforcement about a gun crime. You also need a lawyer if you believe you might be a prohibited person but want to understand your rights or restore them. If you are facing charges related to firearm possession, use, or sale, a lawyer can explain the specific federal and state laws that apply to your situation, help you understand the potential penalties, and defend you in court.

Do this today

→If you have questions about your eligibility to own a firearm, contact a lawyer specializing in gun rights or criminal defense.
→If you own firearms, review your state's gun laws to ensure you are in full compliance with storage, carrying, and possession rules.
→Never make false statements on firearm purchase forms; doing so is a federal felony.

This lesson is legal information for educational purposes only, based on 18 U.S.C. § 922(g); U.S. Const. amend. II. It is not legal advice and does not create an attorney-client relationship.