Who Cannot Own a Gun: Prohibited Persons Under 18 U.S.C. § 922(g)

The nine federal categories

Under 18 U.S.C. § 922(g), it is unlawful for a person to ship, transport, possess or receive firearms or ammunition in or affecting commerce if the person:

• has been convicted of a crime punishable by imprisonment for more than one year (§ 922(g)(1));
• is a fugitive from justice (g)(2);
• is an unlawful user of or addicted to a controlled substance (g)(3);
• has been adjudicated as a mental defective or committed to a mental institution (g)(4);
• is unlawfully in the United States, or in most cases admitted on a nonimmigrant visa (g)(5);
• was dishonorably discharged from the armed forces (g)(6);
• has renounced U.S. citizenship (g)(7);
• is subject to a qualifying domestic-violence restraining order (g)(8); or
• has been convicted of a misdemeanor crime of domestic violence (g)(9).

Separately, a person under felony indictment may not ship, transport or receive firearms (§ 922(n)). Many states add their own prohibitions.

How the Supreme Court has tested these rules

In United States v. Rahimi, 602 U.S. 680 (2024), the Court upheld § 922(g)(8) against a facial challenge, holding that a person found by a court to pose a credible threat may be temporarily disarmed. In United States v. Hemani, 608 U.S. 772 (2026), it held that prosecuting a marijuana user under § 922(g)(3) for a gun kept at home, with no showing of dangerousness, violated the Second Amendment as applied. Challenges to other categories, especially § 922(g)(1), continue in the lower courts.

Restoring rights

Some prohibitions can end. For example, a conviction that has been pardoned, expunged or set aside, or for which civil rights were restored, may not count, depending on the law of the jurisdiction (18 U.S.C. § 921(a)(20)). These rules are technical, so a licensed attorney should review any specific situation.

This guide explains the law in general and reports what courts have held. It is not legal advice. Firearm laws change often and differ by state and city, so check the current law where you are.

Researching prohibited persons in your state

To research prohibited persons for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.

Sources and further reading

Official sources used on this page:

• law.cornell.edu
• law.cornell.edu
• supremecourt.gov
• supremecourt.gov

Related reading on Lawtopolis:

• Gun Background Checks and NICS
• Federal Gun Laws: The National Firearms Act and Gun Control Act
• Red Flag Laws: Extreme Risk Protection Orders