Federal law bars roughly ten categories of people from owning a firearm, and the list is broader than most people assume. Under 18 U.S.C. § 922(g), a person who falls into any prohibited category cannot buy, receive, ship, or possess a gun or ammunition anywhere in the United States.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Convicted felons are the best-known group, but the statute also reaches people with certain misdemeanor convictions, active restraining orders, drug use, and several other statuses. Violating the ban is itself a federal felony carrying up to 15 years in prison.2Office of the Law Revision Counsel. 18 USC 924 – Penalties States then add their own disqualifiers on top of the federal list.
Convictions Punishable by More Than One Year
The broadest federal disqualifier applies to anyone convicted of a crime punishable by more than one year in prison.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The word that trips people up is “punishable.” The test looks at the maximum sentence the statute allows, not the sentence the judge actually imposed. A guilty plea to a charge carrying a potential three-year term still triggers the ban even if you walked out of court with probation and no jail time.
This sweeps in virtually every felony in every state. It also captures certain high-level misdemeanors. Federal law carves out state misdemeanors punishable by two years or less, so any state misdemeanor whose maximum sentence sits above that line counts as a disqualifying offense.3Office of the Law Revision Counsel. 18 USC 921 – Definitions Some states classify offenses like aggravated DUI or certain drug crimes as misdemeanors while attaching maximum sentences of three or four years, and people convicted of those offenses often don’t realize they have lost their firearm rights.
The prohibition lasts for life unless you obtain a pardon, expungement, or formal restoration of rights that specifically covers firearms. The National Instant Criminal Background Check System (NICS), run by the FBI, flags these convictions during every purchase from a licensed dealer.4Federal Bureau of Investigation. About NICS
A separate provision bars people currently under indictment for a felony-level offense from receiving or transporting firearms while the case is pending, even before any conviction.5Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Domestic Violence Misdemeanors
A domestic violence misdemeanor conviction triggers a separate lifetime ban under 18 U.S.C. § 922(g)(9), regardless of how minor the charge looks on paper. A simple battery or assault plea carrying only a few months of possible jail time still strips firearm rights permanently if the offense involved force against someone in a qualifying relationship.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Two requirements must be met. First, the offense must involve the use or attempted use of physical force, or the threatened use of a deadly weapon. Second, the victim must fall within a defined domestic relationship: a current or former spouse, a parent or guardian of the victim, someone who shares a child with the offender, or a person who lives or has lived with the offender in a spouse-like arrangement.3Office of the Law Revision Counsel. 18 USC 921 – Definitions
Dating Partners
Before 2022, the domestic violence ban didn’t reach dating partners who never lived together and didn’t share a child. The Bipartisan Safer Communities Act closed that gap by adding individuals in a current or recent serious romantic relationship to the list of qualifying relationships.3Office of the Law Revision Counsel. 18 USC 921 – Definitions Courts weigh the length of the relationship, the nature of the interactions, and how frequently the individuals were in contact. Casual acquaintances and ordinary social contacts don’t count.
The dating partner provision has one important difference. A first-time offender convicted of a domestic violence misdemeanor against a dating partner can have firearm rights automatically restored after five years, provided the sentence (including probation) is complete and no further violent misdemeanor conviction has occurred. That five-year sunset does not apply to offenses involving spouses, former spouses, cohabitants, or co-parents, where the ban remains permanent.
What Counts as a Conviction
Not every domestic violence conviction qualifies. The statute requires that the person was represented by a lawyer or knowingly waived that right, and that if a jury trial was available, the person either had one or knowingly waived it.3Office of the Law Revision Counsel. 18 USC 921 – Definitions A conviction that has been expunged, pardoned, or set aside generally does not trigger the ban unless the relief specifically preserves the firearm restriction. Many people plead no-contest to misdemeanor battery charges without understanding what they are giving up.
Active Protective Orders
A restraining order can make you a prohibited person without any conviction. Under 18 U.S.C. § 922(g)(8), you cannot possess firearms while subject to a court order that restrains you from threatening or harassing an intimate partner or the partner’s child, provided the order meets three conditions.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The order must have been issued after a hearing with notice and an opportunity to participate. It must restrain conduct that would place an intimate partner in reasonable fear of physical harm. And it must either include a finding that you represent a credible threat to the partner’s safety or explicitly prohibit the use of force against the partner.
In 2024, the Supreme Court upheld this provision in United States v. Rahimi, holding that temporarily disarming someone a court has found to be a credible physical threat is consistent with the Second Amendment’s historical tradition of firearm regulation.6Supreme Court of the United States. United States v. Rahimi, No. 22-915 Challenges to other prohibited-person categories under the same constitutional framework are still moving through the courts.7Congress.gov. Rahimi and Applying the Second Amendment Bruen Standard
Other Federal Categories
Beyond convictions and protective orders, federal law prohibits several other groups from possessing firearms. Each applies nationwide, regardless of state law.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
- Fugitives from justice, meaning anyone with an outstanding warrant for a crime punishable by more than one year.
- Current users of, or people addicted to, a controlled substance. This applies regardless of whether the substance is legal under state law.
- People found by a court or formal board to be a danger to themselves or others, or to lack the capacity to manage their own affairs. Involuntary commitment to a mental institution also triggers the ban.
- Military members separated under dishonorable conditions. Other discharge types, including “other than honorable,” do not trigger this federal bar.
- Former U.S. citizens who have formally renounced their citizenship.
- People in the country without legal authorization, and most nonimmigrant visa holders. A nonimmigrant visa holder with a valid state hunting license can qualify for an exception.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Nonimmigrant Aliens Purchasing Firearms and Ammunition in the United States
Every firearm purchase from a licensed dealer requires the buyer to complete ATF Form 4473, which asks about each of these categories. Answering falsely is itself a federal crime.4Federal Bureau of Investigation. About NICS
Marijuana Users
The controlled substance disqualifier creates a practical trap for millions of Americans who use marijuana under state law. Until recently, marijuana was classified entirely as a Schedule I substance under federal law, making any user an “unlawful user of a controlled substance.” ATF has issued guidance stating that federal firearms dealers cannot sell to anyone they have reason to believe uses marijuana, including holders of state-issued medical marijuana cards.10Bureau of Alcohol, Tobacco, Firearms and Explosives. Open Letter to All Federal Firearms Licensees
In April 2026, the Department of Justice partially rescheduled marijuana, moving it to Schedule III for FDA-approved products and marijuana handled under a state-issued license for medical purposes.11Congress.gov. Department of Justice Eases Control of Medical Marijuana Unlicensed and recreational marijuana remain Schedule I. The rescheduling opens a legal argument that state-licensed medical marijuana patients are no longer “unlawful” users, since Schedule III drugs can be lawfully prescribed. Form 4473, however, still asks buyers about marijuana use and still warns that use remains federally restricted. Until ATF updates its guidance or a court resolves the question, state-licensed medical patients face real uncertainty at the gun counter, and recreational users remain clearly prohibited.
State-Level Add-Ons
Federal law sets the floor, not the ceiling. States can add their own prohibited categories, and many do. Common state additions include violent misdemeanors that fall outside the federal domestic violence category, such as non-domestic assault, stalking, and certain drug offenses. Some states impose these bans permanently, while others set time limits of five or ten years after the conviction.
Juvenile adjudications are another gap-filling area. Federal law generally does not treat juvenile offenses as disqualifying convictions, but a number of states prohibit firearm possession for juveniles adjudicated for conduct that would have been a felony if committed by an adult.
About 22 states have enacted extreme risk protection order laws, sometimes called red flag laws, which allow a court to temporarily remove firearms from someone found to pose an immediate danger. These orders usually follow petitions from family members or law enforcement and require a judge to review recent behavior. They are temporary, often lasting a few weeks to a year, and the person can challenge the order at a hearing. Possessing firearms while an order is in effect violates a court order and can bring criminal charges.
One thing states cannot do is give back what federal law takes away. A state permit or state-level clearance does not override a federal ban. Both systems must clear you independently.
Penalties for Possessing While Prohibited
Getting caught with a firearm while falling into any prohibited category is a standalone federal felony. The Bipartisan Safer Communities Act raised the maximum sentence from 10 to 15 years in prison.2Office of the Law Revision Counsel. 18 USC 924 – Penalties Fines can reach $250,000 for an individual.12Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine
The consequences worsen sharply for repeat offenders. Under the Armed Career Criminal Act, a person who violates § 922(g) with three or more prior convictions for a violent felony or serious drug offense faces a mandatory minimum of 15 years, with no possibility of probation.2Office of the Law Revision Counsel. 18 USC 924 – Penalties Federal prosecutors regularly stack these charges on top of whatever conduct led to the arrest.
Getting Firearm Rights Restored
Federal law includes a mechanism for prohibited persons to apply to the Attorney General for relief from firearm disabilities under 18 U.S.C. § 925(c).13Office of the Law Revision Counsel. 18 USC 925 – Exceptions and Relief From Disabilities In practice, this route has been mostly blocked for decades because Congress has repeatedly declined to fund ATF to process individual applications. Only corporations can currently apply.14Bureau of Alcohol, Tobacco, Firearms and Explosives. Application for Restoration of Firearms Privileges
The more viable route for most people runs through state law. Under 18 U.S.C. § 921(a)(20), if a state restores your civil rights, including firearm rights, a state felony conviction generally stops counting as a disqualifying conviction for federal purposes.3Office of the Law Revision Counsel. 18 USC 921 – Definitions The catch is that the state restoration must actually cover firearms. A general restoration of voting rights usually does not remove the federal firearm disability. Pardons and expungements can also work, but only if they don’t include language explicitly continuing the firearm restriction. Attorney fees for a state restoration or expungement petition typically run from $500 to $5,000, depending on the case and the jurisdiction.
If you believe you were flagged in error at a background check, the FBI operates a Voluntary Appeal File that lets you submit fingerprints and documentation to clear up the mismatch. Applicants approved for the file receive a Unique Personal Identification Number that speeds up future checks.15Federal Bureau of Investigation. Voluntary Appeal File The FBI does not charge a fee, though you may need to pay a local agency for fingerprinting. Applications can be submitted through the FBI’s online portal or mailed to the NICS Section in Clarksburg, West Virginia.