What Is a Prohibited Person Under Firearms Law?

What This Notice or Action Is

A "prohibited person" under federal firearms law refers to individuals who are legally barred from purchasing, possessing, or receiving firearms or ammunition. This designation is established by federal statute and applies nationwide, regardless of state laws.

The prohibited person status typically results from specific legal events such as felony convictions, certain misdemeanor convictions, restraining orders, or other disqualifying factors defined in federal law. This status affects an individual's ability to pass background checks required for firearm purchases.

When someone attempts to purchase a firearm through a licensed dealer, the National Instant Criminal Background Check System (NICS) checks their eligibility. If the system identifies them as a prohibited person, the transaction is denied.

What Law or Rules Typically Govern It

Federal firearms prohibitions are primarily governed by 18 U.S.C. § 922(g), which lists nine categories of prohibited persons. This statute is part of the Gun Control Act of 1968 and has been amended several times.

The Brady Handgun Violence Prevention Act of 1993 established the background check system that enforces these prohibitions. ATF regulations in 27 CFR Part 478 provide additional implementation details for firearms dealers and the background check process.

State laws may impose additional restrictions beyond federal requirements, but they cannot override federal prohibitions. Some states have their own prohibited person categories that may be more restrictive than federal law.

What Pro Se Litigants Commonly Misunderstand

Many individuals believe that only felony convictions result in prohibited person status. However, certain misdemeanor convictions, particularly those involving domestic violence, also create federal firearms prohibitions under the Lautenberg Amendment.

Another common misconception is that expunged or sealed records eliminate prohibited person status. Federal law may still recognize these convictions for firearms purposes, even if state law considers them expunged.

Some people assume that private sales or gun shows allow them to bypass prohibited person restrictions. However, federal law prohibits all prohibited persons from possessing firearms, regardless of how they might obtain them.

How This Issue Is Typically Researched

Research typically begins with reviewing 18 U.S.C. § 922(g) to understand the nine categories of federal prohibitions. The ATF website provides guidance documents and FAQs about prohibited person status.

Court records research may be necessary to determine the exact nature of past convictions and whether they fall under federal prohibitions. This often requires accessing records from multiple jurisdictions where an individual has lived.

The FBI's NICS system provides some public information about background check procedures, though individual records are not publicly accessible. Legal databases like Westlaw or LexisNexis contain relevant case law interpreting prohibited person statutes.

Common Procedural Risks or Traps

Understanding prohibited person status requires careful analysis of the specific legal basis for the prohibition. Different underlying causes may have different implications for duration, scope, and potential remedies.

Federal and state laws may interact in complex ways, particularly regarding expungement, pardons, and restoration procedures. What applies under state law may not necessarily apply under federal law.

Background check denials can occur for various reasons, including administrative errors, incomplete records, or identity confusion. The appeals process for erroneous denials has specific procedures and timeframes.