Gun Ban for Convicted of Domestic Violence, 18 U.S.C.§922(g)(a)
• Felony to possess or transport or ship in interstate commerce any firearm or ammunition if you are the person who
has been convicted “in any court” of a misdemeanor crime of domestic violence.
• No time limit on underlying conviction.
• Separate felony to sell or otherwise dispose of firearms or ammunition to any person if you know or have
reasonable cause to believe that such person has been convicted “in any court” of a misdemeanor crime of
domestic violence.
• “Misdemeanor crime of domestic violence” means an offense that is a misdemeanor under federal or state law
AND has an element
use or attempted use of physical force, or
the threatened use of a deadly weapon
• The misdemeanor crime of domestic violence must have been committed by a current or former spouse, parent or
guardian of the victim, by a person with whom the victim at that time shared a child in common, by a person who is
cohabiting with or has cohabited with the victim as a spouse, parent or guardian, or by a person similarly situated
to a spouse, parent, or guardian or the victim.
NO EXCEPTIONS FOR LAW ENFORCEMENT OFFICERS
(18 U.S.C.§925(a)(1))
What Does NOT Qualify?
• A misdemeanor domestic violence conviction does NOT qualify unless:
• the person convicted was represented by an attorney, or knowingly and intelligently waived the right to an
attorney.
• the person convicted was tried by a jury, or knowing and intelligently waived the right to a jury (if the person
was entitled to a jury trial based on the type of conviction).
• Expunged convictions, convictions that have been set aside, or convictions for which the person has been pardoned or
had their civil rights restored do not qualify.
Gun Ban for Persons Subject to Protection Orders
18 U.S.C.§ 922(g)(8)
• Felony to possess firearms or ammunition while subject to certain domestic abuse protective orders.
• Assumes possession was “in or affecting commerce,” which is commonly proven by evidence that the firearm
or ammunition traveled across state lines at some point before offense.
• Also applies to act of shipping or transporting the firearms or ammunition in interstate commerce by the person
subject to the protective order.
• It is a separate felony (18 U.S.C. § 922(d)(8)) to sell or dispose of firearms or ammunition to a person subject
to such protective orders, if you know or have “ reasonable cause to believe” that the person is subject to a
protective order.
However,
• NOT applicable to firearms or ammunition sold or shipped to, or issued for the use of, a federal or state
agency.
This statute will not preclude someone from holding a position as a law enforcement officer, even during the time they
are subject to such an order UNLESS the order itself specifically prohibits the person from possessing a firearm during that
time, and makes no exceptions.
