In most circumstances, U.S. federal law does not impose many restrictions on the possession of firearms. Instead, the federal government leaves it up to each state to regulate the circumstances under which a person may possess a firearm. This means that the registration process and required permits change from state to state.
In recent times, however, it is becoming increasingly common to see federal charges for unlawful possession of a firearm. Initially, these alleged offenders face state-level charges for their actions. But if any part of the firearm came from another state or otherwise affected interstate commerce, the alleged offender can face more stringent penalties under federal sentencing guidelines. So despite possessing a gun within a single state and not personally crossing into another state, the government has federal jurisdiction to charge an individual if any part of the gun came from another state through the interstate commerce clause. Such charges are common in the Northern District of Illinois where gun violence in Chicago has prompted investigators and federal prosecutors to charge more gun cases than in previous years.
Federal Definition of Firearms
18 U.S. Code Section 921 governs the federal definition of firearm. Under this section, the term firearm refers to:
- Weapons designed to expel a projectile by explosive action;
- Frames or receivers of weapons designed to expel a projectile;
- Mufflers or silencers designed to mute the sound of a firearm; and
- Destructive devices designed to explode, such as bombs or grenades.
On the other hand, the definition of a firearm under Section 921 explicitly excludes antique firearms. Antique firearms were manufactured before 1898 or are replicas of such weapons. The term antique firearms also include muzzle-loaded weapons that are incapable of firing conventional ammunition.
18 U.S. Code Section 922 and 924: Defining Federal Possession of Firearms
18 U.S. Code Section 922 establishes the federal guidelines for possessing firearms. This section only governs firearms and ammunition that are connected to interstate or foreign commerce. In those cases, it can be unlawful to possess or receive firearms and ammunition.
More specifically, Section 922 prohibits certain classes of people from possessing firearms connected to interstate or foreign commerce. This prohibited class of individuals includes:
- Convicted criminals;
- Fugitives from justice;
- Users or abusers of illegal drugs;
- Mentally disabled individuals;
- Illegal aliens without proper visas;
- Dishonorably discharged service members;
- Individuals who renounce their U.S. citizenship; and
- Abusive individuals with a history of domestic violence, assault, or stalking.
If any of the individuals listed above possess a firearm unlawfully in connection with interstate or foreign commerce, it qualifies as a federal offense under 18 U.S. Code Section 924. Upon conviction, the offender can face steep criminal fines and up to 10 years in prison.
Federal Possession of Stolen Firearms
Section 922 details the federal laws against possessing stolen firearms that are connected to interstate or foreign commerce. This section makes it unlawful to knowingly or intentionally possess stolen firearms or ammunition. The knowledge requirement is important in this context. The alleged offender must know – or have a reason to know – that the firearms or ammunition were stolen. Otherwise, it does not qualify as a violation of Section 922. Any person who knowingly possesses stolen firearms or ammunition is guilty of a federal crime. Upon conviction, Section 924 institutes a punishment that includes criminal fines and up to 10 years in prison.
Sentencing Guidelines
What determines a defendant’s sentence are the federal sentencing guidelines. In the case of possession of a firearm, 2K2.1 of the United States Sentencing Guidelines. The base level offense for this charge ranges from 6 to 26 depending on the specific circumstances, but even the most basic charge with the lowest base offense level 0-6 months in prison to 63-78 months for the highest base level. Keep in mind that other enhancements can increase the base offense level.
