Federal Prohibited Persons

Educational disclaimer: This is educational information only, not legal advice. Gun laws are complex and change frequently. When in doubt about your status, consult a firearms attorney before touching a gun.

Why it matters: Federal prohibited person status strips away your gun rights completely—not just buying, but possessing any firearm or ammunition anywhere in the country. I've seen too many folks find out the hard way that their old conviction from decades ago still counts.

The legal reality: Under 18 U.S.C. § 922(g), nine categories of people can't legally touch a gun. These federal restrictions override state laws, so even if you're in a gun-friendly state, federal prohibited status trumps everything. Violating this can get you 10 years in federal prison.

The law covers all modern firearms and ammunition. Antique firearms (generally pre-1899) get a pass, but everything else is off limits.

The Nine Categories That Kill Your Gun Rights

Felony convictions are the big one. Any crime punishable by more than one year in prison—even if you didn't serve that long—makes you prohibited. Doesn't matter if it was violent or just a stupid mistake 30 years ago.

Domestic violence hits you two ways: misdemeanor DV convictions and certain restraining orders. The restraining order has to meet specific federal requirements, but DV misdemeanors are automatic.

Drug users get hammered, and this includes marijuana. I don't care if you have a medical card and live in Colorado—federal law says no guns for pot users. ATF has been crystal clear on this.

Mental health adjudications require actual court findings, not just treatment. Voluntarily getting help won't hurt you, but court-ordered commitments or competency findings will.

Immigration status matters. Unlawful presence or most nonimmigrant visas (with limited exceptions for hunting/sporting) make you prohibited.

Outstanding warrants make you a fugitive from justice—prohibited.

Dishonorable discharge from military service—prohibited.

Renounced citizenship—prohibited.

Court-ordered mental defectiveness—prohibited.

What This Means for You

Between the lines: The background check system isn't perfect. Passing a NICS check doesn't guarantee you're legal—some records never make it into the databases. But lying on Form 4473 is perjury, which carries five years federal time.

For buyers: Form 4473 asks these questions directly. Answer truthfully or don't answer at all. I've watched people talk themselves into federal charges by trying to explain away obvious prohibitions to dealers.

For sellers: Even in private sale states, knowingly selling to a prohibited person is a federal crime. Trust your gut—if something feels off about a buyer, walk away.

For marijuana users: This is the big gotcha right now. State legal means nothing to federal prosecutors. Choose marijuana or choose guns, but you can't legally have both.

Common Ways People Screw This Up

"My record was expunged"—Federal law generally doesn't care about state expungements. The original conviction often still counts.

"It was just a misdemeanor"—DV misdemeanors specifically prohibit gun ownership. I've seen guys lose their guns over shoving matches with ex-wives from 20 years ago.

"I passed the background check"—The system has gaps. Your responsibility to know your status doesn't end with a clean NICS result.

"Medical marijuana is legal here"—Not at the federal level. ATF doesn't recognize state marijuana laws.

Getting Your Rights Back

Some prohibitions have restoration paths, others don't. State felonies might be restorable through state processes—emphasis on might. Federal restoration is basically non-existent these days.

Mental health prohibitions sometimes have restoration procedures, especially if you've gotten treatment and can demonstrate you're not a danger.

The bottom line: Don't guess about prohibited status. The penalties are too severe and the law too unforgiving. When federal agents show up at your door with a search warrant, "I thought I was legal" doesn't help much.

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Federal Prohibited Persons

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