Is Weapons Possession a Felony? Unlawful Possession of a Firearm, Prohibited Persons, and Penalties by State (2026)

Weapons possession is a felony whenever a prohibited person possesses a firearm, whenever an unregistered NFA weapon (machinegun, sawed-off shotgun, silencer, destructive device) is possessed, whenever a firearm is possessed in a federal or state school zone or other restricted location, whenever a firearm with an obliterated serial number is possessed, or whenever any weapon is possessed during the commission of another crime. The most common felony weapons charge nationwide is felon in possession of a firearm. Federal 18 USC 922(g)(1) prohibits any person convicted of a crime punishable by more than one year from possessing any firearm or ammunition; the current federal penalty is up to 15 years imprisonment under 18 USC 924(a)(8) (as amended by the Bipartisan Safer Communities Act of 2022). Eight other categories of prohibited persons are listed in 922(g)(2) through (g)(9). At the state level the grading varies: strict-licensing states (New York, New Jersey, California, Illinois, Massachusetts, Maryland, Hawaii, DC) make unlicensed handgun possession a felony, while most other states make simple carry or possession a misdemeanor and reserve felony treatment for prohibited persons, restricted locations, NFA weapons, and possession during a crime.

Unlawful weapons possession means possessing a firearm or other dangerous weapon in circumstances the law forbids. The law splits into several distinct prohibitions. First, prohibited-person possession: certain people may not possess any firearm or ammunition at all, regardless of where or how. Second, location-based possession: even a non-prohibited person may not possess a firearm in a school zone (18 USC 922(q)), a federal facility (18 USC 930), a courthouse, an airport sterile area, or other restricted location. Third, unlicensed carrying: states that require a permit to carry a concealed or loaded firearm make carrying without that permit a crime. Fourth, NFA and regulated weapons: machineguns, short-barreled shotguns and rifles, silencers, destructive devices, and Any Other Weapons are regulated under the National Firearms Act (26 USC 5841-5871) and may only be possessed if registered and tax-paid; several states ban them outright. Fifth, defaced firearms: possessing a firearm with an obliterated serial number is a federal felony under 18 USC 922(k) and a state felony nearly everywhere. Sixth, possession during a crime: possessing or using a firearm during the commission of a felony triggers the federal 924(c) mandatory minimum (5 years, consecutive) and parallel state armed-criminal-action statutes. The term firearm under federal law (18 USC 921(a)(3)) includes any weapon that expels a projectile by explosive action, the frame or receiver, firearm silencers or mufflers, and destructive devices; antique firearms are excluded.

Federal 18 USC 922(g) lists nine categories of persons who may not possess firearms or ammunition: (g)(1) persons convicted of a crime punishable by more than one year of imprisonment (with the exception in 921(a)(20) for certain antitrust offenses and state misdemeanors punishable by two years or less); (g)(2) fugitives from justice; (g)(3) unlawful users of or addicts to controlled substances; (g)(4) persons adjudicated as a mental defective or committed to a mental institution; (g)(5) illegal or unlawfully present aliens and most nonimmigrant visa holders; (g)(6) persons dishonorably discharged from the Armed Forces; (g)(7) persons who renounced U.S. citizenship; (g)(8) persons subject to qualifying active domestic-violence restraining orders; and (g)(9) persons convicted of a misdemeanor crime of domestic violence as defined in 921(a)(33). The current penalty under 18 USC 924(a)(8) is up to 15 years imprisonment, a fine, or both (amended by Pub. L. 117-159 in 2022; before that the penalty was under 924(a)(2) at up to 10 years). The Armed Career Criminal Act, 18 USC 924(e)(1), mandates a minimum of 15 years imprisonment with no probation, parole, or suspension for a 922(g)(1) violator with three prior convictions for violent felonies or serious drug offenses. Every state has its own felon-in-possession statute that tracks or expands on these federal categories; many states add minors, persons with pending felony charges, persons under disability protective orders, and persons convicted of certain violent misdemeanors to the prohibited list.

Federal 18 USC 922(q), the Gun-Free School Zones Act, makes it a felony to knowingly possess a firearm in a school zone (on the grounds of a public or private school or within 1,000 feet of school grounds), with exceptions for private property, state-licensed carriers, unloaded firearms in locked containers or racks, school-approved programs, and law enforcement. The penalty is up to 5 years under 18 USC 924(a)(4) and may not run concurrently with other sentences. Federal facilities are covered by 18 USC 930, which bars possession of firearms and dangerous weapons in federal facilities and makes violations a felony. Airports, courthouses, and government buildings are restricted by state law in every jurisdiction, typically as felonies. Many states also restrict firearms in bars, polling places, sporting arenas, hospitals, and public transit. Possession of a firearm in a restricted location by a person who otherwise lawfully possesses it is usually a felony in school zones and government buildings and may be a misdemeanor in less sensitive posted locations depending on the state.

As of 2026 more than 29 states are permitless (constitutional) carry states, meaning a non-prohibited adult may carry a concealed handgun without a permit. In those states, carrying without a permit is legal and therefore neither a felony nor a misdemeanor. In permit-required states, carrying a concealed firearm without a valid permit is generally a misdemeanor for a first offense by a non-prohibited adult (for example Florida Statutes 790.01 — first-degree misdemeanor; Georgia 16-11-50 — misdemeanor; Virginia 18.2-308 — class 1 misdemeanor; Ohio 2923.12 — first-degree misdemeanor). However, strict-licensing states treat unlicensed handgun possession or carrying as a felony: New Jersey 2C:39-5 (unlawful possession of a handgun — second-degree crime, 5 to 10 years); New York Penal Law 265.01-b and 265.03 (criminal possession of a loaded firearm — class C or D felony); Massachusetts G.L. c. 269 section 10(a) (carrying a firearm without a license — up to 2.5 years in the house of correction or 5 years in state prison); Maryland Public Safety 5-205 and Criminal Law 5-203; Hawaii; DC Code 22-4504 (carrying a pistol without a license — felony); and Illinois 720 ILCS 5/24-1.6 (aggravated unlawful use of a weapon — class 4 felony when a FOID card is lacking or the firearm is loaded and accessible in a vehicle). Repeat offenses and possession by prohibited persons elevate concealed-carry charges to felonies everywhere.

The National Firearms Act (26 USC chapter 53, sections 5841-5871) regulates machineguns, short-barreled shotguns (barrel less than 18 inches), short-barreled rifles (barrel less than 16 inches), silencers, destructive devices (explosive, incendiary, poison-gas bombs, rockets with more than 4 ounces of propellant, missiles with more than one-quarter ounce of explosive, mines, and similar), and Any Other Weapons. To possess an NFA firearm lawfully the item must be registered in the National Firearms Registration and Transfer Record, the transfer tax paid (generally $200), and the possessor approved by ATF (Form 4). Possessing an NFA firearm not registered to you violates 26 USC 5861(d); possessing one with an obliterated serial number violates 5861(g)-(h); making an unregistered NFA firearm violates 5861(f). The penalty under 26 USC 5871 is up to 10 years imprisonment and/or a $10,000 fine. Several states ban certain NFA items outright regardless of federal registration: California (Penal Code 32625 machineguns, 33410 short-barreled rifles/shotguns, 33420 silencers — all felonies), New York (Penal Law 265.02 for silencers and machineguns), New Jersey (2C:39-3, 2C:39-5), Hawaii, Illinois, Massachusetts, Rhode Island, and DC. Possession of a destructive device (bomb, grenade, rocket) is a felony everywhere. Federal 18 USC 922(o) also generally bans transfer or possession of machineguns manufactured after May 19, 1986, except for government and certain licensed dealer samples, so post-1986 machineguns are federally prohibited even if state law allows them.

The federal prohibited-person statute is 18 USC 922(g). Its nine categories are described above. The current penalty for violating 922(g) (or 922(d)) is found at 18 USC 924(a)(8): up to 15 years imprisonment, a fine, or both. This was restructured by the Bipartisan Safer Communities Act of 2022 (Pub. L. 117-159), which also created enhanced penalties for certain prohibited persons with prior violent or drug-trafficking offenses and for straw purchasers (new 924(a)(5), 933). Before the 2022 amendment the 922(g) penalty was under 924(a)(2) at up to 10 years, and many older cases and sources still reference 924(a)(2). Using or carrying a firearm during a crime of violence or drug trafficking crime is a separate, more serious offense under 18 USC 924(c)(1)(A): a mandatory minimum of 5 years consecutive, 7 years if the firearm is brandished, 10 years if discharged, and escalating minimums for short-barreled shotguns, machineguns, silencers, or armor-piercing ammunition. 924(c) sentences must run consecutively to any other sentence. The Armed Career Criminal Act, 18 USC 924(e), mandates a minimum 15-year sentence for a 922(g)(1) violator with three prior violent-felony or serious-drug-offense convictions. Possession of a firearm with an obliterated serial number (922(k)) is punishable under 924(a)(1)(B) by up to 5 years. Possession in a school zone (922(q)) is punishable under 924(a)(4) by up to 5 years, consecutive to other sentences. The federal crime of violence definition is in 18 USC 16, and the definition of misdemeanor crime of domestic violence is in 18 USC 921(a)(33).

A federal or state felony conviction for weapons possession carries extensive collateral consequences. Under 18 USC 922(g)(1) the conviction itself disqualifies the person from future firearm possession unless rights are restored. Federal restoration of firearms rights after a federal conviction has been largely unavailable since Congress defunded ATF relief-from-disability processing in 1992; a federal pardon or a qualifying state restoration of civil rights can remove the federal disability under the exception in 18 USC 921(a)(20), which provides that a conviction for which civil rights have been restored is not a disqualifying conviction unless the restoration expressly prohibits firearm possession. State restoration paths vary widely. Some states (for example Maine, Oregon, North Carolina, California for certain older felonies) restore firearms rights through a pardon, expungement, set-aside, or restoration of civil rights after a waiting period. Other states (New York, New Jersey, Illinois, Hawaii) make restoration effectively impossible for serious felonies and require a separate certificate or pardon. A domestic-violence misdemeanor conviction under 921(a)(33) bars possession under 922(g)(9); the 2022 BSCA added a narrow 5-year restoration for a single dating-relationship misdemeanor with no subsequent disqualifying offense, but this restoration does not apply to spouses, parents, guardians, or similarly situated persons. Restoration of NFA registration is generally unavailable; an unregistered NFA weapon must be surrendered or lawfully transferred. Anyone seeking restoration should consult a qualified attorney in their jurisdiction because the interplay between state restoration and the federal exception in 921(a)(20) is technical and case-specific.

If you are charged with unlawful weapons possession, the charge may be a felony or a misdemeanor depending on the factors above. A felony charge carries potential prison time of more than one year, loss of firearms rights, and other collateral consequences; a misdemeanor generally carries up to one year in jail. Steps to consider: (1) Do not make statements to police without an attorney present; invoke your right to counsel and remain silent. (2) Retain a criminal defense attorney licensed in your state who handles firearms cases, or apply for a public defender if you cannot afford one. (3) Gather and preserve any documents relevant to the charge — permits, licenses, purchase records, court records showing restoration of rights, or evidence that the weapon was not yours or was not in your actual possession. (4) If the charge rests on prohibited-person status, verify whether your prior conviction actually qualifies under 18 USC 921(a)(20) or the state equivalent (some state misdemeanors punishable by two years or less do not trigger federal disability; some expunged or set-aside convictions do not count). (5) If the charge involves an NFA item, determine whether the item was properly registered and whether any state ban applies. (6) Consider whether a motion to suppress is warranted if the weapon was discovered through an unlawful search or seizure. (7) If you are a prohibited person seeking restoration, ask your attorney whether a state pardon, expungement, or restoration of civil rights would remove the federal disability under the 921(a)(20) exception. This information is informational only and is not legal advice; weapons charges are serious and outcomes depend heavily on jurisdiction, criminal history, and the specific facts.