Can I Buy a Gun After a Restraining Order Expires?

Once a qualifying restraining order expires and nothing else disqualifies you, federal law no longer stops you from buying a firearm, so in most cases you can buy a gun after a restraining order expires. The prohibition under 18 U.S.C. § 922(g)(8) applies only while the order is in effect.¹ The complications are practical rather than legal: state law can extend the restriction, background check databases sometimes lag behind court records, and an underlying criminal conviction can create a separate lifetime ban that the order’s expiration does nothing to lift.

Did the Order Actually Trigger a Federal Ban in the First Place

Before worrying about expiration, it helps to know whether the order ever prohibited you under federal law. Not every restraining order does. The order has to meet three conditions:

It was issued after a hearing you had actual notice of and a chance to participate in.
It restrains you from harassing, stalking, or threatening an intimate partner or child, or from conduct that would place an intimate partner in reasonable fear of bodily injury.
It either includes a finding that you are a credible threat to the protected person’s physical safety, or it explicitly prohibits you from using or threatening physical force against them.

All three have to be present. If any one is missing, the federal ban never applied, even while the order was active.¹ Ex parte orders, meaning temporary orders issued without a hearing you had notice of, do not trigger 922(g)(8).²

An “intimate partner” for this statute means a current or former spouse, someone you live or have lived with in a romantic relationship, or someone with whom you share a child.³ An order protecting a neighbor, coworker, or roommate you were never involved with does not fit the statute.

What “Expires” Means for Your Federal Rights

The statute prohibits you while you are “subject to” a qualifying order. Present tense. Once the court’s order lapses or is terminated, you are no longer subject to it, and the federal ban lifts automatically. You do not petition anyone, and you do not need a federal certificate of any kind.³

If you surrendered firearms while the order was in effect, federal law says they “shall be returned forthwith to the owner or possessor” once the order lapses or is terminated, unless returning them would violate some other law.⁴ In practice, contact the agency holding them and bring a certified copy of the expiration or termination paperwork. Agencies want documentation before releasing anything.

Get a certified copy of the expiration or termination order from the clerk of the court that issued it. You may need it more than once — to retrieve surrendered firearms, to challenge a background check denial, or simply to show a dealer if a question comes up.

Two Snags That Come Up Even When the Law Is on Your Side

Your State May Not Let Go When the Order Does

Some states extend firearms restrictions past an order’s expiration, especially in domestic violence cases. In those states, the order ending does not automatically restore your right to buy or possess a gun. You may face a waiting period, a petition to the court, or conditions like counseling before you can purchase again. These rules vary widely, and you need to confirm your state’s specific requirements before attempting a purchase.

The Background Check May Still Flag the Old Order

Courts report restraining orders to the FBI’s National Instant Criminal Background Check System, but they do not always report expirations promptly. NICS can flag an order that ended months ago, and the dealer will hand you a denial slip. The denial is challengeable, and the process is covered below. Walking in with a certified copy of the expiration in your pocket does not stop the denial, but it makes the appeal faster.

The Conviction That Never Expires

This is the trap. A restraining order that expires lifts the federal ban. A misdemeanor domestic violence conviction creates a lifetime federal ban on its own, and the order’s expiration has nothing to do with it.

Under the Lautenberg Amendment, anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing firearms or ammunition.¹ If the restraining order came out of a case that also produced a domestic violence conviction, the order expiring changes nothing. The conviction keeps the prohibition alive.

An expungement, pardon, or restoration of civil rights can potentially remove that lifetime ban, but only if the expungement or pardon does not expressly say you may not possess firearms.⁵ The details of your state’s expungement law matter a great deal here, and getting it wrong is a federal felony rather than a paperwork error.

Other Prohibitions That Survive the Order

Even with the restraining order gone, several other federal prohibitions can independently block a purchase. Each comes from 18 U.S.C. § 922(g) and applies on its own:

A felony conviction, meaning any conviction for a crime punishable by more than one year in prison, whether or not you served time.
A pending indictment for any crime punishable by more than a year of imprisonment.
A formal adjudication of mental unfitness or an involuntary commitment to a mental institution.
A dishonorable discharge from the military.
Status as an unlawful user of or addicted to a controlled substance, including regular current marijuana use, even in a state where marijuana is legal.

If any of these applies, the restraining order’s expiration is beside the point.¹

Answering the Form and Getting Through NICS

Buying from a licensed dealer means filling out ATF Form 4473. Question 21.i asks whether you are currently subject to a court order restraining you from harassing, stalking, or threatening an intimate partner or child.⁶ The question is about your current status. If the order has expired, the honest answer is “no.”

The dealer runs your information through NICS, which returns “proceed,” “denied,” or “delayed.” A “proceed” means you can walk out with the firearm the same day, subject to any state waiting period. A “delayed” means NICS needs more time; the dealer waits, and if NICS cannot resolve the check within three business days, the dealer may complete the sale by default, though many decline to.⁷

Challenging a Denial Based on an Expired Order

Only denied transactions can be challenged, not delayed ones. The FBI’s electronic portal at edo.cjis.gov is the preferred route.⁸ You enter your email, receive a PIN, and log in. You will need the NICS Transaction Number or State Transaction Number from your denied purchase, which the dealer can give you. In the free-text field, explain that the restraining order has expired, and upload a certified copy of the expiration or termination.

The FBI is required to respond within 60 calendar days with a final decision: sustained, overturned, or still unresolved.⁸ If overturned, you can try the purchase again. Bringing the overturn notice to the dealer smooths things along.

What Happens if You Guess Wrong

The stakes are high enough that being right matters more than being quick. Possessing a firearm in violation of 18 U.S.C. § 922(g) carries up to 15 years in federal prison, and 15 years becomes the mandatory minimum with three or more prior convictions for violent felonies or serious drug offenses.⁴

The point of purchase carries its own risk. Lying on Form 4473 about being subject to a restraining order is a federal felony carrying up to 10 years.⁹ The ATF and Department of Justice actively prosecute lie-and-try cases.

When to Call a Lawyer Before You Buy

If the picture is clean, meaning a civil restraining order expired, no criminal convictions, no other prohibitions, you can likely walk into a dealer and buy a gun. Few situations are that clean. Talk to a lawyer if any of the following applies:

The restraining order was connected to criminal charges.
You have any domestic violence conviction on your record, misdemeanor or felony.
You live in a state that extends firearms restrictions past a restraining order’s expiration.
NICS has already denied you and you are not sure why.

An attorney can pull your state and federal records and tell you where you stand before you create a paper trail at a gun counter. For anyone with an underlying conviction, an attorney can also evaluate whether expungement or a pardon would restore your federal rights. The Department of Justice is developing a web-based application under 18 U.S.C. § 925(c) for people seeking federal relief from firearms disabilities.¹⁰

1
Office of the Law Revision Counsel. 18 U.S.C. 922
2
Department of Justice Archives. Criminal Resource Manual 1116 – Prosecutions Under 18 U.S.C. 922(g)(8)
3
Bureau of Alcohol, Tobacco, Firearms and Explosives. Protection Orders and Federal Firearms Prohibitions
4
Office of the Law Revision Counsel. 18 U.S.C. 924 – Penalties
5
Department of Justice Archives. Criminal Resource Manual 1117 – Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence
6
Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Transaction Record – ATF Form 4473
7
Federal Bureau of Investigation. About NICS
8
Federal Bureau of Investigation. Challenges / Appeals
9
United States Department of Justice. U.S. Attorney and ATF Target Those Who Lie-And-Try to Purchase Firearms
10
U.S. Department of Justice. Federal Firearm Rights Restoration