Nine categories of people are prohibited from possessing firearms or ammunition under 18 U.S.C. § 922(g), and a single violation can bring up to 15 years in federal prison.1Office of the Law Revision Counsel. 18 USC 924 – Penalties The categories cover felons, certain domestic violence offenders, drug users, people with specific mental health adjudications, most noncitizens, fugitives, people dishonorably discharged from the military, people who have renounced U.S. citizenship, and people under qualifying domestic violence restraining orders. The ban applies regardless of state law, and it reaches ammunition as well as guns.
The Nine Prohibited Categories
Section 922(g) makes it a federal crime for anyone in the following groups to ship, transport, possess, or receive any firearm or ammunition that has moved in interstate or foreign commerce.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because virtually all commercial firearms and ammunition have crossed state lines, the commerce element is almost always met.
People Convicted of a Crime Punishable by More Than One Year
The most commonly charged category is a conviction for any offense that could have been punished by more than one year in prison. What matters is the potential maximum sentence, not the sentence actually imposed. Someone who received probation for a felony carrying a five-year exposure is still prohibited.
Two carve-outs narrow this group. Federal and state offenses tied to antitrust violations, unfair trade practices, and similar business-regulation crimes are excluded even when they carry sentences over one year. State-classified misdemeanors punishable by two years or less also don’t count.3Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions And a conviction that has been expunged, set aside, or pardoned, or that resulted in a restoration of civil rights, no longer counts, provided the restoration doesn’t expressly prohibit firearm possession.
People Convicted of a Misdemeanor Crime of Domestic Violence
A misdemeanor conviction triggers the ban if the offense involved the use or attempted use of physical force, or the threatened use of a deadly weapon, against someone in a covered domestic relationship: a current or former spouse, a co-parent, a cohabitant, or a person similarly situated to a spouse or guardian. The Bipartisan Safer Communities Act of 2022 expanded that list to include a current or recent former dating partner.4Congress.gov. S.2938 – Bipartisan Safer Communities Act
The conviction only counts if the defendant had counsel or knowingly waived it, and if the defendant was entitled to a jury and either got one or knowingly waived that right. Expunged, set-aside, or pardoned convictions drop out unless the pardon itself bars firearm possession.
Unlawful Users of, or People Addicted to, a Controlled Substance
No drug conviction is required. But casual or one-time use isn’t enough either. In a rule published in January 2026, the ATF defined an “unlawful user” as someone who “regularly uses a controlled substance over an extended period of time continuing into the present.”5Federal Register. Revising Definition of Unlawful User of or Addicted to Controlled Substance Isolated or sporadic use doesn’t meet the threshold, and the rule moved away from older approaches that inferred prohibited status from a single positive test or a recent possession conviction.
People Adjudicated as a Mental Defective or Committed to a Mental Institution
This category requires a formal, involuntary determination by a court, board, or other lawful authority that the person is a danger to themselves or others, or is unable to manage their own affairs, because of a mental condition. Voluntary treatment or a voluntary hospital visit does not trigger the ban.
Noncitizens Without Legal Status and Most Nonimmigrant Visa Holders
Anyone in the United States unlawfully is barred. So are noncitizens admitted on a nonimmigrant visa, such as tourists, students, and temporary workers. Several narrow exceptions apply to nonimmigrant visa holders: those with a valid U.S. hunting license or permit, accredited foreign government representatives, distinguished foreign visitors designated by the State Department, and foreign law enforcement officers in the country on official business.6Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Lawful permanent residents are not covered by the nonimmigrant provision.
Fugitives From Justice
A fugitive is someone who has fled a state to avoid prosecution or to avoid giving testimony in a criminal proceeding.
People Dishonorably Discharged From the Military
Only a dishonorable discharge, which can be issued solely by a general court-martial, triggers this ban. Other-than-honorable and bad conduct discharges do not.
People Who Have Renounced U.S. Citizenship
A formal renunciation of citizenship ends the right to possess firearms under federal law.
People Under a Qualifying Domestic Violence Restraining Order
The order must meet three requirements: it was issued after a hearing at which the restrained person had actual notice and an opportunity to participate; it restrains the person from threatening or harassing an intimate partner or the partner’s child; and it either includes a finding that the person poses a credible threat to that partner or child’s physical safety, or expressly forbids the use or threatened use of physical force. Ex parte orders don’t qualify until the restrained party has had a hearing. This prohibition is temporary and lifts when the order expires or is dissolved. The Supreme Court upheld it as constitutional in United States v. Rahimi (2024).7Supreme Court of the United States. United States v. Rahimi
What “Possession” Actually Means
You don’t have to be holding a gun to possess one. Federal courts recognize “constructive possession,” which means knowing where a firearm is and having the power and intention to control it. Federal jury instructions describe this as a connection sufficient to show the defendant exercised dominion and control over the weapon.8Ninth Circuit District and Bankruptcy Courts. 14.15 Firearms – Unlawful Possession A loaded gun in a prohibited person’s nightstand or glove box can support a charge even if someone else put it there. Joint control of a shared home where a gun is found can be enough, as long as the person knew about it.
The government also has to prove the defendant knew they belonged to a prohibited category. In Rehaif v. United States (2019), the Supreme Court held that a conviction requires proof both that the defendant knew they possessed a firearm and that they knew of their prohibited status.9Supreme Court of the United States. Rehaif v. United States This matters most for immigration status and mental health adjudications, where a person may not realize their status triggers the ban. Ignorance of the law itself is not a defense, but ignorance of your own status can be.
What Counts as a Firearm or Ammunition
The definitions are broad. A “firearm” includes any weapon designed to expel a projectile by explosive action, plus the frame or receiver of such a weapon, any silencer, and any destructive device.10Office of the Law Revision Counsel. 18 USC 921 – Definitions Possessing just the lower receiver of an AR-15, with no other parts attached, is legally the same as possessing a complete rifle. Under a 2022 ATF rule, many partially complete frames and receivers sold as “80% kits” also qualify when packaged with the jigs, templates, or instructions needed to finish them.
“Ammunition” means cartridge cases, primers, bullets, or propellant powder designed for use in a firearm. A prohibited person who has one loose round in a jacket pocket has committed the same federal offense as one carrying a loaded handgun.
Antique firearms are generally exempt. That covers firearms made in or before 1898, replicas that don’t accept modern rimfire or centerfire ammunition, and muzzle-loading black-powder weapons that cannot use fixed ammunition.
Penalties
A § 922(g) conviction carries a maximum sentence of 15 years in federal prison and a fine of up to $250,000.1Office of the Law Revision Counsel. 18 USC 924 – Penalties11Office of the Law Revision Counsel. 18 U.S. Code 3571 – Sentence of Fine The 15-year ceiling was raised from 10 by the Bipartisan Safer Communities Act, which also added mandatory minimums for certain weapons:
- 10 years for a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon.
- 30 years for a machine gun, destructive device, or a weapon equipped with a silencer.
- 25 years for a second § 922(g) violation, or life imprisonment if that second violation involves a machine gun, destructive device, or silenced weapon.
The Armed Career Criminal Act imposes a separate mandatory minimum of 15 years on anyone who violates § 922(g) and has three or more prior convictions, committed on different occasions, for a violent felony or serious drug offense. Under the ACCA, the court cannot suspend the sentence or grant probation. A “violent felony” includes any crime punishable by more than a year that has physical force as an element, or involves burglary, arson, extortion, or the use of explosives. A “serious drug offense” is a state or federal drug crime with a maximum sentence of 10 years or more.
Giving or Selling a Firearm to a Prohibited Person
Under 18 U.S.C. § 922(d), anyone who knowingly sells, gives, or otherwise transfers a firearm or ammunition to a person they know or have reasonable cause to believe falls into a prohibited category faces up to 10 years in federal prison. The Bipartisan Safer Communities Act also created standalone federal offenses for straw purchases and firearms trafficking, aimed at intermediaries who buy guns for people who can’t legally acquire them.4Congress.gov. S.2938 – Bipartisan Safer Communities Act
Getting Firearm Rights Back
The path depends on whether the underlying disability comes from a state or federal conviction.
For state convictions, expungement, a gubernatorial pardon, or a restoration of civil rights under state law can end the federal prohibition, provided the restoration doesn’t itself bar firearm possession.12Bureau of Alcohol, Tobacco, Firearms and Explosives. Most Frequently Asked Firearms Questions and Answers Each state sets its own rules, and some restore voting rights but not gun rights, which may not be enough.
For federal convictions, the only reliable path is a presidential pardon. Federal law technically allows individuals to apply to the Attorney General for relief under 18 U.S.C. § 925(c), but Congress has refused to fund ATF processing of individual applications since 1992, effectively closing the program to individuals.13Office of the Law Revision Counsel. 18 U.S. Code 925 – Exceptions: Relief From Disabilities14Bureau of Alcohol, Tobacco, Firearms and Explosives. Application for Restoration of Firearms Privileges Only corporate applicants can currently use the process. A person denied relief can petition a federal district court for judicial review, but without ATF action there is usually no denial to appeal.
Where the Law Is Still Being Tested
The Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen now requires the government to show that any firearm restriction is consistent with the nation’s historical tradition of firearm regulation. That standard has left several § 922(g) categories in active litigation.
In Rahimi, the Court upheld the domestic violence restraining order provision, § 922(g)(8), pointing to founding-era surety laws and “going armed” laws that restricted gun access for individuals shown to pose threats of violence. The Court emphasized that the prohibition is temporary and applies only after a judicial finding of a credible threat.
The felon-in-possession ban under § 922(g)(1) is the most contested piece. Federal appeals courts are split on whether individual felons, particularly those with nonviolent convictions, can bring as-applied challenges. Some circuits uphold the ban categorically; others allow the individualized challenges.15Supreme Court of the United States. Petition for Writ of Certiorari in Dennis Martin v. United States As of early 2026, the Supreme Court has not resolved that split. It granted certiorari in several related cases in 2024 but sent them back to the lower courts for reconsideration in light of Rahimi rather than ruling on the merits.