Legal Details
Federal Prohibited Persons
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| Identification | |
|---|---|
Citation | 18 U.S.C. § 922(g) |
| Code Sections |
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| Jurisdiction | |
Territory | United States (Federal) |
Administered By | Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) |
| Key Provisions | |
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| Applicability | |
| Applies To | All persons in the United States attempting to purchase, possess, or use firearms or ammunition |
| Exemptions |
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| Penalties | Up to 10 years in federal prison for violation; lying on Form 4473 carries up to 5 years for perjury |
Related Laws | |
Federal Prohibited Persons
who is legally barred from owning firearms
From The Boise Gun Club Handbook
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.
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.
- Complete ban: Can't buy, own, or even touch guns and ammo
- Federal trumps state: Doesn't matter if you're in the most gun-friendly state
- Serious time: Violation gets you up to 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 Categoriesedit
Under 18 U.S.C. § 922(g), nine types of people lose their gun rights. Here's what actually trips people up.
The nine federal prohibited person categories organized by type
| Category | Description | Common Examples |
|---|---|---|
| Felony Convictions | Crime punishable by >1 year prison | Any felony, regardless of actual sentence served |
| Domestic Violence | DV misdemeanors or qualifying restraining orders | Assault on spouse/partner, protective orders |
| Unlawful Drug Users | Users of federally illegal substances | Marijuana users (including medical), other controlled substances |
| Mental Health Adjudications | Court-ordered mental health findings | Involuntary commitment, court finding of mental defectiveness |
| Unlawful Immigration Status | Non-citizens unlawfully in US | Illegal aliens, expired visas |
| Fugitives | Outstanding warrants | Active warrants from any jurisdiction |
| Dishonorable Discharge | Military discharge under dishonorable conditions | Court-martial convictions resulting in dishonorable discharge |
| Renounced Citizenship | Former US citizens who renounced | Expatriates who formally renounced US citizenship |
| Court Orders | Specific restraining orders meeting federal criteria | Domestic violence restraining orders with required elements |
Criminal History Prohibitions
Felony convictions nail most prohibited persons. Any crime punishable by more than one year in prison counts—even if you didn't serve that long. Doesn't matter if it was violent or just a stupid mistake 30 years ago.
Domestic violence hits you two ways. Misdemeanor DV convictions are automatic disqualifiers. Certain restraining orders also count, but they have to meet specific federal requirements.
Status-Based Prohibitions
Unlawful drug users include anyone who uses illegal drugs, 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 one.
The other six categories catch fewer people but still matter: mental health adjudications by a court, unlawful immigration status, outstanding warrants making you a fugitive, dishonorable discharge from military, renounced citizenship, and court-ordered findings of mental defectiveness.
How People Get Caughtedit
The background check system has holes.
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 with five years of federal time attached.
Form 4473 Violations
Form 4473 asks these questions directly. Answer truthfully or don't buy the gun. I've watched people talk themselves into federal charges by trying to explain away obvious prohibitions to dealers.
| Common Misconception | Reality | Consequence |
|---|---|---|
| "My record was expunged" | Federal law ignores most state expungements | Original conviction still prohibits |
| "It was just a misdemeanor" | DV misdemeanors specifically disqualify | Permanent loss of gun rights |
| "I passed background check" | NICS has gaps in records | Still responsible for knowing your status |
| "Medical marijuana is legal here" | Federal law doesn't recognize state marijuana laws | Choose marijuana or guns, not both |
| "It was decades ago" | Time doesn't cure prohibitions | Old convictions still count |
Common Legal Mistakes
"My record was expunged" doesn't usually help. Federal law generally ignores state expungements. The original conviction often still counts.
"It was just a misdemeanor" misses the point with domestic violence. DV misdemeanors specifically kill gun ownership. I've seen guys lose their guns over shoving matches with ex-wives from 20 years ago.
"I passed the background check" means nothing if you know you're prohibited. Your responsibility to know your status doesn't end with a clean NICS result.
"Medical marijuana is legal here" is the current gotcha. ATF doesn't recognize state marijuana laws. Choose marijuana or choose guns—you can't legally have both under federal law.
How prohibited persons get caught in the federal system
For Sellersedit
Even in private sale states, knowingly selling to a prohibited person lands you in federal court.
Trust your gut—if something feels off about a buyer, walk away. Better to lose a sale than face federal charges.
Getting Rights Backedit
Some prohibitions have restoration paths, most don't.
| Prohibition Type | Restoration Possible? | Process | Success Rate |
|---|---|---|---|
| State Felonies | Sometimes | State-specific procedures | Low |
| Federal Felonies | No | Congress defunded program | 0% |
| Mental Health | Sometimes | Court petition with evidence | Moderate |
| Domestic Violence | Rarely | Very limited circumstances | Very low |
| Drug Convictions | Sometimes | Depends on state and federal cooperation | Low |
| Military Discharge | Possible | Military review boards | Low |
Restoration Procedures
State felony convictions might be restorable through state processes if the stars align. Federal restoration is basically dead—Congress hasn't funded the program in years.
Mental health prohibitions sometimes have restoration procedures, especially if you've gotten treatment and can demonstrate you're not a danger anymore.
Practical Considerations
Don't count on any restoration process. They're expensive, slow, and usually fail.
Don't guess about prohibited status. The penalties are too severe and federal prosecutors don't mess around.
When ATF shows up at your door with a search warrant, "I thought I was legal" becomes very expensive very quickly.
- Don't guess about your prohibited status
- Consult a firearms attorney when in doubt
- Remember that federal prosecutors don't negotiate on these charges
- Understand that "I thought I was legal" is not a defense
See Alsoedit
- Ace Hardware of Sandusky(Sandusky, MI)
- New Philly Sportsman Specialities(New Philadelphia, OH)
- Atwoods Ranch & Home #46(LACY LAKEVIEW, TX)
- G & P Distributors(McConnellsburg, PA)
This is not legal advice
This guide provides general information about federal and state firearms laws based on publicly available statutes. Laws change frequently and vary significantly by state. Always verify current laws in your jurisdiction. Consult a qualified attorney for legal advice on your specific situation. When in doubt, contact local law enforcement or state police.
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