Buying a gun with a misdemeanor assault conviction is usually legal under federal law, with one large exception: if the assault involved someone in a domestic relationship with you, federal law imposes a lifetime firearm ban. A misdemeanor assault against a stranger, a coworker, or anyone outside a qualifying domestic relationship does not trigger the federal prohibition. About 15 states go further and restrict firearm rights after certain violent misdemeanors regardless of the victim’s relationship to you, so your state law is the second question to answer.
The Federal Domestic Violence Rule
The Lautenberg Amendment, at 18 U.S.C. § 922(g)(9), makes it a federal crime for anyone convicted of a “misdemeanor crime of domestic violence” to possess, purchase, or receive a firearm or ammunition.1Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts For most people this is a lifetime ban. It covers every firearm and every round of ammunition, with no carve-out for hunting rifles or long guns.
Two elements must both be present for a misdemeanor assault to qualify. First, the offense must have involved the use or attempted use of physical force, or the threatened use of a deadly weapon. The Supreme Court held in Voisine v. United States that reckless conduct is enough; the government does not have to show you intentionally harmed anyone.2Justia U.S. Supreme Court Center. Voisine v. United States, 579 U.S. (2016)
Second, the victim must have been in one of these relationships with you at the time:
- Current or former spouse
- Parent or guardian of the victim
- Current or former cohabitant in a spouse-like, parent-like, or guardian-like role
- A person you share a child with
- A current or recent former dating partner (applies only to convictions on or after June 25, 2022)3Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions
A bar fight that ended in a misdemeanor assault conviction does not qualify because the victim was a stranger. The same charge against a live-in partner does.
Non-Domestic Misdemeanor Assault
If your misdemeanor assault involved someone outside the list above, federal law does not prohibit you from buying or owning firearms. Your state may still restrict you.
Roughly 15 states prohibit gun purchases after certain violent misdemeanors even where no domestic relationship exists. The specifics vary a lot:
- Some states impose indefinite bans for violent misdemeanors.
- Others set time-limited prohibitions running roughly 4 to 20 years after conviction.
- A few restrict only purchase, leaving possession of guns you already own legal.
Before you attempt a purchase, check the firearm prohibition statutes for the state where you were convicted and the state where you plan to buy. A “no” from federal law is not a “yes” from your state.
What Counts as a Conviction
Not every guilty plea sets off the federal ban. The definition has specific procedural requirements. A conviction qualifies under the Lautenberg Amendment only if you were represented by an attorney or knowingly waived counsel, and if you were entitled to a jury trial, the case must have actually been tried to a jury or you must have knowingly waived that right.4Legal Information Institute. 18 U.S.C. 921(a)(33) – Definition of Misdemeanor Crime of Domestic Violence An old case that lacked those protections may not count, though proving it takes real legal work.
Deferred adjudication and pretrial diversion sit in a gray zone. Whether a completed diversion counts as a “conviction” for federal firearm purposes depends on the law of the jurisdiction that handled the case. If state law treats the completed diversion as something other than a conviction, the federal ban generally does not apply.5United States Department of Justice Archives. Criminal Resource Manual 1117 – Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence This matters at the plea stage: accepting a deferred disposition in a state that still labels the outcome a conviction gives you the worst of both worlds.
What Happens at the Gun Store
A licensed dealer runs your information through the FBI’s National Instant Criminal Background Check System (NICS). NICS queries federal and state criminal databases, including domestic violence misdemeanor records.
A clean check clears the sale immediately. A clear disqualifying record produces an on-the-spot denial. When the record is ambiguous, which happens often with misdemeanor charge codes that don’t spell out the domestic relationship, NICS returns a “delay.” The FBI then has three business days to investigate. If it doesn’t reach a final decision in that window, the dealer is legally permitted to complete the sale, sometimes called a “default proceed.”6Federal Bureau of Investigation. Challenges / Appeals
Federal law requires a background check only when the seller is a licensed dealer. Private sales between individuals, whether at gun shows, online, or between acquaintances, do not require a NICS check under federal law. About 21 states and Washington, D.C. require background checks for at least some private sales. In the rest, no check runs on a private transfer. The prohibition itself is what matters, not the check: if you are prohibited, buying a gun privately is still a federal crime whether or not any system flagged the sale.
If You’re Already Prohibited
The federal ban is not limited to new purchases. It covers possession of any firearm or ammunition, including guns you already own, inherited firearms in a closet, and rounds sitting in a garage.1Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Federal courts also apply constructive possession: if you know a firearm is in a space you control and you can access it, that can be enough.7District of Rhode Island. Firearm Possession Prohibition Guns belonging to a spouse or roommate need to be stored so that you genuinely cannot get to them.
The penalties are heavy. A prohibited person who knowingly possesses a firearm faces up to 15 years in federal prison.8Office of the Law Revision Counsel. 18 USC 924 – Penalties A conviction under that statute is a felony and would trigger the separate felon-in-possession ban at 18 U.S.C. § 922(g)(1), turning a misdemeanor problem into a permanent one.
Getting Firearm Rights Back
If a misdemeanor domestic violence conviction has cost you your gun rights, restoration is possible. Which path is available depends on the conviction and the relationship.
Expungement, Set-Aside, or Pardon
The federal statute lifts the prohibition if the conviction has been expunged or set aside, or if you have received a pardon, unless the expungement, set-aside, or pardon expressly says you still cannot possess firearms.4Legal Information Institute. 18 U.S.C. 921(a)(33) – Definition of Misdemeanor Crime of Domestic Violence The trap: some states offer a partial “set-aside” that restores only certain civil rights, like voting. Federal courts have held that a civil rights restoration must return the full package (voting, jury service, holding public office) along with firearm rights to lift the federal ban. A partial restoration leaves you still prohibited.
Most states require a waiting period of one to five years after you complete your sentence before you can petition for expungement of a misdemeanor. The petition is filed in the court of conviction, and legal fees typically run from $1,000 to $10,000 depending on jurisdiction and complexity.
The Five-Year Dating Partner Path
For convictions on or after June 25, 2022 involving a dating partner (rather than a spouse, cohabitant, or someone you share a child with), the federal prohibition lifts automatically five years after the later of the judgment date or the date you completed your sentence, provided you have no other disqualifying convictions and no new qualifying offenses in that period.4Legal Information Institute. 18 U.S.C. 921(a)(33) – Definition of Misdemeanor Crime of Domestic Violence This five-year path does not apply to convictions involving a spouse, parent, guardian, cohabitant, or someone with whom you share a child. Those remain lifetime bans unless you obtain an expungement, set-aside, or pardon.3Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions
Federal Relief From Firearms Disabilities
Federal law at 18 U.S.C. § 925(c) authorizes the Attorney General to grant individual relief from firearm prohibitions. The program was dormant for decades because Congress blocked funding to process applications. In 2025, the Department of Justice published a proposed rule to reactivate it under the Attorney General’s direct authority, with a proposed $20 application fee.9Federal Register. Application for Relief From Disabilities Imposed by Federal Laws With Respect to the Acquisition, Receipt, Transfer, Shipment, Transportation, or Possession of Firearms As of early 2026, the final rule has not been published and DOJ is not yet accepting applications.10United States Department of Justice. Federal Firearm Rights Restoration Under 18 U.S. Code 925(c) Once active, it would open a path for people who don’t qualify for expungement or the dating-partner window.