United States of America v. Allen Lee Carley

Denver, Colorado criminal defense lawyer represented the Defendant charged with felony possession of ammunition in violation of 18 U.S.C. §922(g)(1), which provides:



18 U.S.C. § 922(g)(1) is a federal law that prohibits certain individuals from possessing firearms or ammunition

. This law is part of the Gun Control Act (GCA).

Who is Prohibited by 18 U.S.C. § 922(g)(1)?

The most common category of prohibited persons under this specific section is individuals convicted in any court of a crime punishable by imprisonment for a term exceeding one year. This typically refers to felonies, but can also include certain misdemeanors with a potential sentence of over a year.

Other Prohibited Persons under 18 U.S.C. § 922(g):

While 18 U.S.C. § 922(g)(1) specifically addresses felons, the broader statute also prohibits other categories of individuals, including:



Fugitives from justice: Those who have fled to avoid prosecution or to give testimony.

Unlawful users of or addicted to controlled substances: Individuals who are addicted to or illegally use a controlled substance.

Adjudicated as mentally defective or committed to a mental institution: Individuals who have been determined to be mentally ill or committed to a mental institution.

Illegal aliens: Individuals who are unlawfully in the United States.

Discharged from the Armed Forces under dishonorable conditions: Individuals who have received a dishonorable discharge from the military.

Renounced U.S. citizenship: Individuals who have renounced their United States citizenship.

Subject to a domestic violence restraining order: Individuals who are subject to a court order restraining them from harassing, stalking, or threatening an intimate partner or child.

Convicted of a misdemeanor crime of domestic violence: Individuals convicted of a misdemeanor crime of domestic violence.



What does the law prohibit?

The law makes it unlawful for prohibited individuals to ship, transport, possess, or receive a firearm or ammunition. The firearm or ammunition must have traveled in or affected interstate or foreign commerce for a federal charge to be valid.

Penalties:

Violating 18 U.S.C. § 922(g) can result in a prison sentence of up to 10 years and a fine of up to $250,000. Individuals with prior convictions for violent felonies or serious drug offenses may face an enhanced sentence under the Armed Career Criminal Act (ACCA), including a mandatory minimum of 15 years in prison.

Imprisonment: 30 months. Supervise Release: 3 years. Special Assessment: $100.