Revised November 2018
5. Restraining Order - Under 18 U.S.C. § 922(g)(8), rearms may not be possessed or received by persons subject to a court order that: (A) was
issued after a hearing of which the person received actual notice and had an opportunity to participate in; (B) restrains such person from harassing,
stalking, or threatening an intimate partner or child of such intimate partner or person, or engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the partner or child; and (C)(i) includes a nding that such person represents a credible threat to the
physical safety of such intimate partner or child, or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force
against such intimate partner or child that would reasonably be expected to cause bodily injury.
6. Intimate Partner - With respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of
the person, or an individual who cohabitates or has cohabitated with the person.
7. Misdemeanor Crime of Domestic Violence - A Federal, State, local, or tribal oense that is a misdemeanor under Federal, State, or tribal law and
has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse,
parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person cohabitating with, or has cohabitated with
the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. The term includes all
misdemeanors that have as an element the use or attempted use of physical force or the threatened use of a deadly weapon (e.g., assault and battery),
if the oense is committed by one of the dened parties. (See Exception in the denition of “Prohibited Person”). A person who has been
convicted of a misdemeanor crime of domestic violence also is not prohibited unless; (1) the person was represented by a lawyer or gave up the right
to a lawyer; or (2) if the person was entitled to a jury, was tried by a jury, or gave up the right to a jury trial. Persons subject to this exception should
mark “no” in the applicable box.
8. An Alien Admitted to the United States Under a Nonimmigrant Visa - Includes, among others, persons visiting the United States temporarily for business or
pleasure, persons studying in the United States who maintain a residence abroad, and certain temporary foreign workers. The denition does NOT include
permanent resident aliens nor does it apply to nonimmigrant aliens admitted to the United States pursuant to either the Visa Waiver Program or to regulations
otherwise exempting them from visa requirements.
9. Exceptions to Prohibition on Aliens Admitted Under a Nonimmigrant Visa - An alien admitted to the United States under a nonimmigrant visa
is not prohibited from purchasing, receiving, or possessing a rearm if the alien: (1) is in possession of a hunting license or permit lawfully issued
by the Federal Government, a State, or local government, or an Indian tribe federally recognized by the Bureau of Indian Aairs, which is valid and
unexpired; (2) was admitted to the United States for lawful hunting or sporting purposes; (3) has received a waiver from the prohibition from the
Attorney General of the United States; (4) is an ocial representative of a foreign government who is accredited to the United States Government
or the Government’s mission to an international organization having its headquarters in the United States; (5) is en route to or from another
country to which that alien is accredited; (6) is an ocial of a foreign government or a distinguished foreign visitor who has been so designated by
the Department of State; or (7) is a foreign law enforcement ocer of a friendly foreign government entering the United States on ocial law
10. Prohibited Person - Generally, 18. U.S.C. § 922 (g) prohibits the shipment, transportation, receipt, or possession in or aecting interstate commerce
of a rearm by one who: has been convicted of a misdemeanor crime of domestic violence; has been convicted of a felony, or any other crime,
punishable by imprisonment for a term exceeding one year (this does not include State misdemeanors punishable by imprisonment of two years or
less); is a fugitive from justice, is an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled
substance; has been adjudicated as a mental defective or has been committed to a mental institution; has been discharged from the Armed Forces
under dishonorable conditions, has renounced his or her U.S. citizenship; is an alien illegally in the United States or an alien admitted to the United
States under a nonimmigrant visa; or is subject to certain restraining orders. Furthermore, Section 922 (n) prohibits the shipment, transportation,
or receipt in or aecting interstate commerce of a rearm by one who is under indictment or information for a felony in any Federal, State or local
court, or any other crime, punishable by imprisonment for a term exceeding one year. An information is a formal accusation of a crime veried by a
EXCEPTION: A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more
than one year, or who has been convicted of a misdemeanor crime of domestic violence, is not prohibited from purchasing, receiving, or possessing
a rearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or
set aside, or the person has had their civil rights (the right to vote, sit on a jury, and hold public oce) taken away and later restored AND (2) the
person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing rearms. Persons subject to this
exception should mark “no” in the applicable box.
11. Fugitive From Justice - Any person who has ed from any State to avoid prosecution for a felony or a misdemeanor, or any person who leaves the
State to avoid giving testimony in any criminal proceeding. The term also includes any person who knows that misdemeanor or felony charges are
pending against such person and who leaves the State of prosecution.
12. Adjudicated as a Mental Defective - A determination by a court, board, commission, or other lawful authority that a person, as a result of
marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) is a danger to himself or to others; or (2) lacks the
mental capacity to contract or manage his own aairs. This term shall include: (1) a nding of insanity by a court in a criminal case; and (2)
those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility.