What are the sentencing guidelines for a 922(g) Federal Gun Charge?
If you or a loved one is facing a federal gun charge in San Antonio, the first question is always the same: how much time am I looking at? The answer starts with USSG §2K2.1 — the federal sentencing guideline that controls almost every 922(g) case. This post breaks down how §2K2.1 works, what facts can increase your sentence, and what a realistic guideline range looks like based on your offense level and criminal history.
What is a 922g gun crime?
922g creates a list of people who cannot hold or own a gun. If you are on the 922g list, then it is a crime for you to possess a gun. The list of people includes:
- Felons;
- Fugitives;
- Drug addicts;
- People who are not mentally competent;
- Noncitizens;
- Veterans dishonorably discharged from the service;
- Anyone who gives up their US Citizenship;
- Stalkers or people with restraining orders;
- Anyone convicted of a misdemeanor crime of violence.
In sum, if you are on this list, then you cannot hold or own a gun. If you do, then police can arrest you for a 922g gun crime.
What Is the 922(g) Offense Level Under §2K2.1?
Under §2K2.1, the offense level for gun crimes ranges from 6 to 26. Furthermore, according to §2K2.1(a)(6), the starting offense level for 922g gun cases is 14. However, there are a lot of factors that may push up the offense level and jail time in a 922g gun case.
Plus, the general rule is that a higher offense level leads to a higher jail time. To see why, we need to look at the sentencing table. The table shows that every federal crime has an offense-level number that ranges from 1 to 43. The more serious the crime, the higher the offense level.
Equally important, §2K2.1 lists factors that will increase the offense level for 922g gun cases. If these factors are present in a 922g gun crime, then it will raise the jail time.
In short, the offense level for a 922g gun case can go up or down depending on the facts of the case.
The 5 Facts That Increase Your Sentence in a 922(g) Case
1. Number of Guns:
More guns mean more trouble. The more guns involved in a 922g case, the higher the offense level. The table below shows how this works:
| Number of Firearms | Increase in Offense Level |
| 3-7 | +2 |
| 8-24 | +4 |
| 25-99 | +6 |
| 100-199 | +8 |
| 200 or more | +10 |
2. Criminal History:
The less criminal history, the lower the jail time. In contrast, lots of criminal history will increase the jail time. For example, if the defendant’s prior record includes two felony convictions for either a crime of violence or for a drug crime, then this will raise the jail term.
3. Type of Gun:
The type of gun also matters. To illustrate, if the person got caught with a sawed-off shotgun or machine gun, then this fact will increase the jail time.
4. Stolen Guns:
Stolen guns will raise the offense level and jail term.
5. Serial Numbers Removed:
If the person had a gun with no serial number, then this will raise the offense level and jail term.
How Much Time Can You Get for a 922(g) Conviction?
The starting offense level for most 922(g) cases is 14. But your actual guideline range depends on two things: your final offense level and your Criminal History Category. The table below shows estimated guideline ranges for common offense levels in 922(g) cases. These are the ranges a federal judge will consult at sentencing before applying any departures or variances.
| Offense Level | CHC I Little/No History |
CHC II | CHC III | CHC IV | CHC V | CHC VI Most History |
|---|---|---|---|---|---|---|
| Level 12 | 10–16 mo. | 12–18 mo. | 15–21 mo. | 21–27 mo. | 27–33 mo. | 30–37 mo. |
| Level 14 ⭐ | 15–21 mo. | 18–24 mo. | 21–27 mo. | 27–33 mo. | 33–41 mo. | 37–46 mo. |
| Level 16 | 21–27 mo. | 24–30 mo. | 27–33 mo. | 33–41 mo. | 41–51 mo. | 46–57 mo. |
| Level 18 | 27–33 mo. | 30–37 mo. | 33–41 mo. | 41–51 mo. | 51–63 mo. | 57–71 mo. |
| Level 20 | 33–41 mo. | 37–46 mo. | 41–51 mo. | 51–63 mo. | 63–78 mo. | 70–87 mo. |
| Level 22 | 41–51 mo. | 46–57 mo. | 51–63 mo. | 63–78 mo. | 77–96 mo. | 84–105 mo. |
| Level 24 | 51–63 mo. | 57–71 mo. | 63–78 mo. | 77–96 mo. | 92–115 mo. | 100–125 mo. |
| Level 26 | 63–78 mo. | 70–87 mo. | 78–97 mo. | 92–115 mo. | 110–137 mo. | 120–150 mo. |
⭐ Level 14 is the starting offense level for most 922(g) cases with no aggravating factors. Source: U.S. Sentencing Commission Guidelines Manual, Chapter 5 Sentencing Table (November 1, 2024). All ranges in months of imprisonment. Actual sentences may differ based on judicial departures or variances.
What this table means for your case: A first-time offender caught with a single firearm and no aggravating factors starts at offense level 14, Criminal History Category I — a guideline range of 15 to 21 months. But if that same person had two prior felony convictions, a stolen gun, and a removed serial number, the offense level could jump to 22 or higher — more than tripling the guideline range. This is why understanding the facts that drive up your offense level is critical before you accept any plea offer from the government.
Facing a 922(g) charge in San Antonio or Bexar County?
Attorney Genaro Cortez has over 20 years of federal criminal defense experience. He will review your PSR, challenge any incorrect sentencing bumps, and fight to get you the lowest possible guideline range. Bilingual. Free consultation.
Schedule Your Free Consultation Call (210) 733-7575922(g) Defenses: How to Fight a Federal Gun Case
There are different ways to defend a 922g gun case. But the three most common ways to fight a gun case are: (1) file a motion to suppress; (2) challenge the possession element of the crime; and (3) fight the sentencing bumps. So let’s take a look at each of these options.
1. Did police have a reason to stop you or search you?
The most basic question in a 922g cases is: “How did police find the gun?” This is where the Fourth Amendment comes into play. It is a hard check on police power. It requires them to have a good reason to stop you, search you, or both.
Additionally, there are at least three different reasons police can stop or search you. The first is probable cause. The second is reasonable suspicion. Finally, police can stop or search you if you consent.
In short, police need a good reason to stop or search you. If police have a good reason for the stop or search, then the gun evidence will come in at trial. But if they do not, then you should consider filing a motion to suppress. Likewise, the motion should also cover Miranda violations.
2. Were you in “possession” of the gun?
Gun cases are identical to drug cases on one key point. Both crimes have the same possession element. Stated differently, the crux of both crimes is to hold or own drugs or guns.
However, they differ on the type of contraband involved. For example, no one can own or hold cocaine, heroin, or meth. On the other hand, only some people are banned from owning or holding a 9mm pistol.
Nonetheless, the fight over the possession element is the same. Police must link the person to the gun. How police do this will depend on your case. In some cases, police find the gun in the pocket or hand of the person. In these cases, police will have little or no problem connecting the felon to the gun.
But in other cases, the possession element is the main fight in a gun case. You see this when police find the gun in car with a driver and one or more passengers. You will also see this come up when police find the gun in a house or apartment that has more than one occupant.
In these types of cases, police need to answer two questions:
- Did the felon know about the gun? and
- Did the felon have control over the gun?
The answer to these questions will help you decide if you should fight the case or work something out.
3. Challenge the bumps.
In simple 922g gun cases, the guidelines will be easy to figure out. But sometimes 922g gun cases get complicated. When this happens, you need to review the PSR carefully. This is because §2K2.1 is the main guideline for most gun crimes.
As a result, there is a lot of overlap in the guidelines between 922g cases and other gun crimes. This can cause probation officers and lawyers to misapply the guidelines. This requires you to always check the offense level. You must make sure any increase in the offense level, or bump, is correct. If it is not, then challenge the bump by objecting to the PSR.
In sum, don’t assume your PSR is correct. Verify it.
Don’t Wait to Get Legal Help on a 922(g) Charge
The facts of your case — the number of guns, your criminal history, how police found the weapon — directly control your guideline range. The sooner an experienced federal defense attorney reviews your case, the more options you have. Attorney Genaro Cortez has defended federal gun cases in San Antonio and Bexar County for over 20 years. Bilingual. Free consultation.
Get a Free Consultation Call (210) 733-7575Don’t assume your PSR is correct.
In most 922(g) cases, the facts and the guidelines are straightforward. Police arrest someone with a gun, there are no aggravating factors, and the guideline range is easy to calculate. But many cases are far more complicated — and the stakes are too high to assume your PSR is correct.
You will see this in cartel-connected cases involving both drugs and guns. In many federal drug cases, cartels ship narcotics into the United States and dealers return cash, weapons, or both. Because the dealers typically have felony records, they cannot legally purchase firearms — so they hire straw buyers. When prosecutors untangle these cases, defendants often face multiple sentencing enhancements stacked on top of one another, pushing the offense level well beyond the 922(g) baseline.
This creates a real risk of errors in your PSR. Probation officers misapply §2K2.1 more often than most defendants realize — and those mistakes almost always push the offense level higher, not lower. Every additional level means more months in federal prison.
3 Key Takeaways in 922g cases
Three things you should do if you or a family member is facing a 922(g) charge:
- Do not speak to federal agents without an attorney present. Anything you say will be used to build the government’s case against you.
- Review your PSR carefully with your lawyer before sentencing. Challenge every enhancement that is not supported by the facts or the guidelines.
- Understand your guideline range before accepting any plea. The government’s offer may not reflect what your range actually is after proper calculation.
Facing a 922(g) Charge in San Antonio? Call Genaro Cortez
Attorney Genaro R. Cortez has represented clients in federal gun cases, drug cases, and sentencing hearings in San Antonio and throughout Bexar County for over 20 years. He reviews every PSR line by line, challenges incorrect sentencing bumps, and fights to get clients the lowest possible guideline range. The consultation is free, the firm is bilingual, and the sooner you call, the more options you have.