Felon in possession refers to the federal crime that prohibits a felon from possessing a firearm.
Title 18, Section 922(g) of the U.S. Code states: “[i]t shall be unlawful for any person—(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year . . . to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”
That is, the crime of felon in possession has three elements: (1) the defendant knowingly possessed a firearm or ammunition, (2) the defendant had a previous felony conviction, and (3) the firearm traveled in or affected interstate commerce. Generally, the first element, whether the individual knowingly possessed a firearm or ammunition, is the only element the defendant disputes at trial. The government does not need to prove that the defendant actually possessed the firearm but may satisfy the first element by proving constructive possession. For example, in U.S. v. Davis, 896 F.3d 784 (7th Cir. 2018), the Seventh Circuit found the possession element satisfied where the government established that the defendant was the head of the household where the firearm was found, that the firearm was found in a Crown Royal bag and the defendant had a separate Crown Royal bag tied to his pants, and that the jail calls showed the defendant encouraged his son to lie about the firearm being his to the jury.
[Last updated in December of 2021 by the Wex Definitions Team]