What Should North Carolinians Know About Federal Firearm Laws Like ‘Felon in Possession’?

Guns are a part of life for many people in North Carolina, used for hunting, sport, or self-defense. However, the federal government has very strict laws about who can possess firearms and what types of firearms are legal. Being charged with a federal firearm offense, especially being a “felon in possession,” is incredibly serious and often carries harsh mandatory minimum prison sentences. These charges can arise even if the gun was legally purchased by someone else or wasn’t used in a crime.

If you are facing federal gun charges investigated by agencies like the ATF in Greensboro, Winston-Salem, High Point, or anywhere in the Middle District of North Carolina, you need to understand the specific law you’re accused of violating and the potentially severe consequences. Here at Huggins Law Firm, our team understands the complexities of both state and federal firearm laws. We have defended many clients against serious Criminal Law charges and know how to challenge federal weapons accusations.This page focuses on common federal firearm offenses, particularly “Felon in Possession.” For info on other federal crimes, see our main guide: Understanding Federal Crimes in North Carolina.

What Makes a Gun Charge Federal Instead of State?

While North Carolina has its own gun laws, a firearm offense often becomes federal if it involves:

1. Interstate Commerce: This is the key hook for most federal gun laws. Because almost all firearms (or their parts) have crossed state lines at some point to reach North Carolina, the federal government claims jurisdiction under the Commerce Clause of the Constitution. This allows them to regulate possession and transfer.
2. Specific Federal Laws Violated: Congress has passed laws making certain actions illegal nationwide, such as:
   • Possession by Prohibited Persons (18 U.S.C. § 922(g)): This is the most common charge. It prohibits anyone convicted of a felony (punishable by more than one year imprisonment), or other categories like those convicted of domestic violence misdemeanors, fugitives, unlawful drug users, or those dishonorably discharged, from possessing any firearm or ammunition that has traveled in interstate commerce.
   • Possession of Unregistered Firearms: Owning certain types of firearms regulated by the National Firearms Act (NFA), like machine guns, short-barreled rifles/shotguns, or silencers, without proper federal registration (26 U.S.C. § 5861).
   • Using a Firearm During a Federal Crime: Possessing or using a firearm in furtherance of a federal drug trafficking crime or federal crime of violence (18 U.S.C. § 924(c)) carries lengthy, consecutive mandatory minimum sentences.
   • Straw Purchasing: Buying a gun for someone who is legally prohibited from owning one (18 U.S.C. § 922(a)(6) – lying on the background check form).

Federal agencies like the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigate these violations, often working with local police.

What Does “Possession” Mean in a Federal Firearm Case?

Being charged with illegal possession under 18 U.S.C. § 922(g) doesn’t necessarily mean the gun was found on you. Federal law recognizes two types of possession:

1. Actual Possession: The firearm is physically on your person or within your immediate reach and control (e.g., in your hand, waistband, or glove compartment while you’re driving).
2. Constructive Possession: This is more complicated. It means you weren’t physically holding the gun, but you knew it was present and you had the power and intent to exercise control over it. This often arises when a gun is found in a shared space like a house or car. To prove constructive possession, the prosecutor must show more than just your presence near the gun; they need evidence linking you specifically to it (e.g., it was found among your belongings, your fingerprints are on it, you admitted owning it, it was in a part of the house only you access).

Challenging whether the government can prove knowing possession, especially constructive possession, is often a key defense strategy employed by an experienced federal criminal defense lawyer.

Why is the “Felon in Possession” Charge (922(g)) So Serious? What About Mandatory Minimums?

Possession of a firearm by a prohibited person under 18 U.S.C. § 922(g) is a felony punishable by up to 10 years in federal prison (or 15 years under a recent update for certain individuals). However, the situation can become much worse due to mandatory minimum sentences, particularly under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e).

What is ACCA? ACCA imposes a mandatory minimum sentence of 15 years in federal prison (without parole) if a person is convicted under § 922(g) (like felon in possession) and has three or more prior convictions for either:

• A “violent felony” (defined by the statute, includes burglary, arson, extortion, use of explosives), OR
• A “serious drug offense” (federal or state drug offenses punishable by 10+ years).

Important Points about ACCA:

• The prior convictions must have occurred on different occasions.
• Determining whether a prior state conviction qualifies as a “violent felony” or “serious drug offense” under federal law can be extremely complex and is heavily litigated. The definitions have changed over time due to Supreme Court rulings.
• This 15-year sentence is mandatory – the judge has very limited ability to go below it unless prosecutors specifically request it (which is rare without cooperation).

A Less-Common Statistic: While ACCA requires three priors, even one prior conviction for a “crime of violence” or “controlled substance offense” can trigger increased penalties or guideline enhancements under the U.S. Sentencing Guidelines, even if ACCA’s 15-year minimum isn’t met. Furthermore, the type of firearm possessed can matter. For example, possessing certain types of firearms after specific misdemeanor domestic violence convictions also triggers the federal ban under 922(g), a fact many people don’t realize. (Source: ATF resources on Prohibited Persons).Because of these severe mandatory minimums and enhancements, accurately determining a client’s criminal history and whether prior convictions qualify under federal law is one of the most critical tasks for a federal defense lawyer in a § 922(g) case. Finding the best lawyer means finding someone meticulous with this analysis.

How Can a Lawyer Defend Against Federal Firearm Charges in North Carolina?

Even facing strict federal gun laws, there are potential defenses. An experienced federal criminal defense lawyer, familiar with the federal courts in Greensboro or Winston-Salem (MDNC), will explore every avenue:

1. Challenging Possession: Can the government prove you knowingly possessed the firearm, especially in constructive possession cases? Were you merely present? Did the gun belong to someone else in the car or house? We scrutinize the evidence linking you to the weapon.
2. Illegal Search and Seizure (Fourth Amendment): How did law enforcement find the gun? Was the traffic stop legal? Was the search of your person, car, or home conducted lawfully with a valid warrant or a recognized exception (like consent or probable cause)? If the search was illegal, the gun evidence might be suppressed, potentially leading to dismissal.
3. Challenging “Prohibited Person” Status: Was your prior conviction actually one that qualifies to prohibit firearm possession under federal law? For felonies, was it punishable by more than one year? Have your rights been restored in a way recognized by federal law (this is complex and rare)? If the prior conviction doesn’t legally trigger the ban, you can’t be guilty of § 922(g).
4. Challenging ACCA Predicates: If facing the 15-year ACCA mandatory minimum, your lawyer will meticulously examine each prior conviction the government relies on. Does it meet the specific federal definition of a “violent felony” or “serious drug offense”? Were the convictions truly on separate occasions? Successfully challenging even one predicate conviction can take the mandatory minimum off the table.
5. Lack of Interstate Commerce: While difficult to win (as most guns have crossed state lines), in rare cases, it might be possible to argue the specific firearm never traveled in interstate commerce.
6. Negotiation: Given the risks of mandatory minimums, negotiating a plea agreement with the AUSA is often a critical strategy. This might involve pleading to a related state charge, a lesser federal charge without a mandatory minimum, or agreeing on specific sentencing factors in exchange for a guilty plea. A lawyer skilled in federal negotiations is essential.

Defending federal firearm cases requires deep knowledge of constantly evolving federal laws and Supreme Court interpretations, especially regarding ACCA. Finding a lawyer “near me” who also possesses this specific federal expertise is vital.

Key Takeaways for North Carolina Federal Firearm Charges

• Federal gun laws often involve interstate commerce and target specific actions or prohibited persons.
• Felon in Possession (18 USC 922(g)) is a common charge prohibiting firearm/ammo possession by those with prior felony convictions (punishable by >1 year).
• Possession can be actual (on person) or constructive (knowledge + ability/intent to control).
• Mandatory minimum sentences (like the 15-year ACCA sentence for those with 3+ qualifying priors) are a major risk.
• Defenses often involve challenging possession, the legality of the search, whether prior convictions qualify under ACCA, or lack of interstate commerce.
• Do not talk to ATF agents or police about firearms without a lawyer.
• Hire a lawyer with specific experience in federal court and federal firearm laws immediately.

Federal firearm charges carry severe consequences, including lengthy mandatory prison sentences. If you are under investigation or have been indicted in Greensboro, Winston-Salem, or anywhere in the Middle District of North Carolina, do not delay. Contact the Huggins Law Firm for experienced federal criminal defense. Call us for a confidential consultation: Contact link.