Whether you can buy a gun with an assault charge depends on what kind of charge it is and where the case stands. A pending felony assault charge legally blocks the purchase under federal law. A pending misdemeanor charge does not automatically disqualify you, but it will almost certainly delay the background check and may stop the sale anyway if a protective order has been issued alongside it. A conviction, depending on the level and the victim, can bar you for life.
Pending Charges: Felony vs. Misdemeanor
Federal law prohibits anyone under indictment or formal charge for a crime punishable by more than one year in prison from receiving a firearm or ammunition.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Most felony assault charges clear that threshold. If a grand jury has indicted you or a prosecutor has formally charged you with a felony, you cannot legally buy a gun until the case resolves.
A pending misdemeanor assault charge is treated differently. Federal law does not prohibit you from receiving a firearm based on a misdemeanor charge alone. But when a licensed dealer runs your information through the National Instant Criminal Background Check System, an open charge typically triggers a “delay” response, meaning the FBI needs more time to check whether a disqualifying record exists. If the FBI cannot make a final determination within three business days, the dealer may proceed with the transfer at their discretion, though many dealers decline to when an assault charge is showing.2Federal Bureau of Investigation. About NICS Some states override that default and prohibit any transfer until the check is fully resolved.
Protective Orders Can Block the Purchase on Their Own
Assault cases, especially those involving a partner or family member, often come with a court-issued protective order. If that order meets certain criteria, you become a federally prohibited person regardless of whether you’ve been convicted of anything.
Federal law bars firearm possession by anyone subject to a court order that was issued after a hearing with actual notice and an opportunity to participate, that restrains the person from threatening or harassing an intimate partner or child, and that either includes a finding that the person poses a credible threat to physical safety or explicitly prohibits the use of physical force.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The Supreme Court upheld this prohibition in 2024. Violating the ban carries up to 15 years in federal prison.3Supreme Court of the United States. United States v. Rahimi
The disqualification lasts for the duration of the order. Once it expires or is dissolved, that particular bar ends, assuming no conviction has created a separate one. While the order is active, the background check will catch it.
If the Charge Becomes a Conviction
Any felony conviction, whether for assault or anything else, triggers a permanent federal firearms prohibition. The test is whether the offense was punishable by more than one year of imprisonment, not the sentence you actually received.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
A misdemeanor assault conviction can also strip your gun rights for life if the victim had a specific relationship to you. Under a provision commonly called the Lautenberg Amendment, federal law prohibits firearm possession by anyone convicted of a misdemeanor that involved the use or attempted use of physical force, or the threatened use of a deadly weapon, against a qualifying person.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Qualifying relationships include a current or former spouse, a parent or guardian, someone you share a child with, or someone you’ve lived with as a spouse or intimate partner.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions The conviction must also meet minimum procedural requirements: you must have had an attorney or knowingly waived that right, and if you were entitled to a jury trial, you must have had one or knowingly waived it.6Office of the Law Revision Counsel. 18 USC 921 – Definitions
Dating Partners and the Five-Year Sunset
The Bipartisan Safer Communities Act of 2022 extended the misdemeanor ban to convictions involving a current or recent former dating partner, closing what was known as the “boyfriend loophole.”7Congress.gov. Bipartisan Safer Communities Act – Text The extension applies only to convictions on or after June 25, 2022.
The dating partner provision comes with a sunset the other domestic violence categories don’t have. If you have no more than one qualifying conviction, are not otherwise prohibited from possessing firearms, and five years have passed since the later of your conviction or the end of any supervised sentence, your rights are automatically restored under this specific provision. A new offense involving the use or attempted use of force during that window resets the clock.6Office of the Law Revision Counsel. 18 USC 921 – Definitions Convictions involving a spouse, cohabitant, or co-parent get no such sunset. Those bans are permanent unless the conviction is expunged or pardoned.
Deferred Adjudication and Diversion Programs
Many assault cases resolve through deferred adjudication or pretrial diversion, where you meet conditions and the charge is dismissed or never results in a formal conviction. Whether the outcome counts as a “conviction” for federal firearms purposes depends on state law and the specific terms of the agreement. Where the deferred adjudication involves a formal guilty plea later dismissed on completion, some jurisdictions treat it as a conviction during the supervision period and not afterward. Because the wrong answer here is a federal crime, confirm your status with a firearms attorney before attempting to buy.
State Law Can Go Further
Federal law sets the floor. States can and often do add restrictions on top.
Some states prohibit firearm possession after any violent misdemeanor conviction, regardless of the victim’s relationship to you. A bar fight conviction that wouldn’t trigger any federal bar might disqualify you under state law. Others impose time-limited bans, typically three to ten years after a non-domestic violent misdemeanor, rather than a permanent one. States also vary in whether they let dealers proceed with a delayed background check or require the check to be completed before release. Check your state’s rules if you have any assault-related record.
If You’re Under 21
The Bipartisan Safer Communities Act requires NICS examiners to contact state juvenile justice, mental health, and local law enforcement agencies when a buyer is under 21, checking for disqualifying records that may not appear in national databases. Examiners get up to 10 business days for this expanded review instead of the standard three.8Federal Bureau of Investigation. NICS Enhanced Background Checks for Under-21 Gun Buyers Showing Results A juvenile assault charge or adjudication that might not surface for an older buyer can surface here.
Do Not Lie on Form 4473
Every purchase through a licensed dealer requires you to complete ATF Form 4473, which asks directly whether you are under indictment, whether you have any disqualifying convictions, and whether you are subject to a restraining order. Answering dishonestly is a separate federal crime.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts If you’re caught, you face prosecution for the false statement itself, on top of any charge for illegally attempting to obtain a firearm. Having someone else buy the gun on your behalf is a separate federal offense called straw purchasing, which carries up to 15 years in prison and a $250,000 fine, rising to 25 years if the firearm is later used in a felony, a drug crime, or an act of terrorism.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Don’t Lie for the Other Guy
Getting Your Rights Back After a Conviction
An assault conviction doesn’t always mean losing your gun rights permanently, but the path back is narrower than most people expect.
Expungement or Record Sealing
If a court expunges or sets aside a qualifying conviction, federal law generally treats it as if it never happened for firearms purposes. The statute specifically provides that a person is not considered convicted of a domestic violence misdemeanor if the conviction has been expunged or set aside, unless the expungement order explicitly says the person may not possess firearms.6Office of the Law Revision Counsel. 18 USC 921 – Definitions Expunged felonies can also cease to be disqualifying, though the analysis turns on whether the state’s process effectively restores civil rights. Not every state offers expungement for assault convictions.
Pardons
A governor’s pardon for a state conviction or a presidential pardon for a federal conviction can restore firearm rights, provided the pardon doesn’t expressly bar the person from possessing firearms.6Office of the Law Revision Counsel. 18 USC 921 – Definitions Pardons are rare and discretionary, and the bar is high for violent offenses.
Federal Relief From Disabilities
Federal law technically allows a prohibited person to apply to the Attorney General for relief from firearms disabilities.10Office of the Law Revision Counsel. 18 USC 925 – Exceptions, Relief From Disabilities In practice, this route has been closed since 1992. Congress has repeatedly included language in ATF’s annual appropriations prohibiting the agency from spending money to investigate or act on these applications.11Federal Register. Application for Relief From Disabilities Imposed by Federal Laws With Respect to the Acquisition That leaves expungement, pardons, and state-level restoration as the realistic options for most people.