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Prohibited Persons
Imprisoned More than 1 year
A person subject to a "crime punishable by imprisonment for a a term exceeding 1 year" for the purposes of the firearms prohibition.
Any offense for which the maximum penalty, whether or not imposed, is capital punishment or imprisonment in excess of 1 year. The term does not include (a) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or (b) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of 2 years or less.
This prohibition applies even if the person received a shorter sentence including probation. What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held.
This prohibition does not apply if the conviction has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
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Under Indictment
A person under indictment subject to the firearms prohibition includes a person subject to an indictment or information in any court, under which a crime punishable by imprisonment for a term exceeding one year (as defined above) may be prosecuted, or, in military cases, a person subject to any offense punishable by imprisonment for a term exceeding 1 year which has been referred to a general court-martial. An indictment is a formal accusation of a crime, differing from an indictment in that it is made by a prosecuting attorney and not a grand jury.
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Fugitive
A fugitive from justice subject to the firearms prohibition includes any person who has fled 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.
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Addict or User
An "unlawful user of, or addicted to, a controlled substance," for the purposes of the explosives prohibition
This category refers to a person who uses a controlled substance and has lost the power of self-control with reference to the use of the controlled substance, and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician. Such use is not limited to the use of drugs on a particular day, or within a matter of days or weeks before, but rather that the unlawful use has occurred recently enough to indicate that the individual is actively engaged in such conduct. A person may be an unlawful current user of a controlled substance even though the substance is not being used at the precise time the person seeks to acquire a firearm or receives or possesses a firearm.
An inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time, e.g., a conviction for use or possession of a controlled substance within the past year; multiple arrests for such offenses within the past 5 years if the most recent arrest occurred within the past year; or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year.
For a current or former member of the Armed Forces, an inference of current use may be drawn from recent disciplinary or other administrative action based on confirmed drug use, e.g., court-martial conviction, non judicial punishment, or an administrative discharge based on drug use or drug rehabilitation failure.
A controlled substance is a drug or other substance, or immediate precursor, as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802. The term includes, but is not limited to, marijuana, depressants, stimulants, and narcotic drugs. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in Subtitle E of the Internal Revenue Code of 1986, as amended.
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Mental Defective
A determination by a court, board, commission or other lawful
authority that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease:
Is a danger to himself or to others; or
Lacks the mental capacity to contract or manage his own affairs
The term will include---
A finding of insanity by a court in a criminal case; and
Those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility by any court or pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b
Committed to a mental institution - A formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term includes commitment for mental defectiveness or mental illness. It also includes commitments for other reasons, such as for drug use. The term does not include a person in a mental institution for observation or a voluntary admission to a mental institution
Mental institution - Includes mental health facilities, mental hospitals, sanitariums, psychiatric facilities, and other facilities that provide diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital.
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Alien
A person illegally or unlawfully in the United States has Federal firearms disabilities. A nonimmigrant alien is an alien in the United States in a nonimmigrant classification under the INA, 8 U.C.S.C. 1101(a)(15). Generally, these are persons traveling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a residence abroad, and certain foreign workers. Again, the Immigration and Naturalization Service (not ATF) currently administers these status classifications.
An alien is any person not a citizen or national of the United States. Generally, there are two types of exceptions to the firearms purchase prohibition against aliens:
- For handguns: Have resided in the State where the alien is buying the handgun for 90 days and intend to make a home in that State. For long guns: Have resided in a State for 90 days and intend to make a home in that State AND
- Are an official representative of a foreign government who is accredited to the United States Government or your government's mission to an international organization having its headquarters in the United States and will possess the firearm in your official capacity; OR
- Are an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State and will possess the firearm in your official capacity; OR
- Are a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business; OR
- Were admitted to the United States for lawful hunting or sporting purposes or are in possession of a valid hunting license or permit lawfully issued in the United States.
A permanent resident means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed, under the INA, 8 U.C.S.C. 1101(a)(20). The Immigration and Naturalization Service (not ATF) currently administers these status classifications.
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Dishonorably discharged From Military
A person has been dishonorably discharged from the military if he has separated from the U.S. Armed Forces resulting from a dishonorable discharge, or dismissal adjudged by a general court-martial. The term does not include separation from the Armed Forces resulting from any other discharge, e.g., a bad conduct discharge.
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Renounced Citizenship
A person has renounced his U.S. citizenship if the person, having been a citizen of the United States, has renounced citizenship either:
- Before a diplomatic or consular officer of the United States in a foreign state pursuant to 8 U.S.C. 1481(a)(5); or
- Before an officer designated by the Attorney General when the United States is in a state of war pursuant to 8 U.S.C. 1481(a)(6).
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Court Orders
A person is prohibited if he is subject to a court order that:
- as issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
- Restrains such person from harassing, stalking, or threatening an intimate partner of such person 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
- includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
- 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
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Misdemeanor Domestic Violence Conviction
A person who has been convicted in any court of a misdemeanor crime of domestic violence is prohibited. to qualify, such misdemeanor is:
- a misdemeanor under Federal or State 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 who is cohabitating with or has cohabite d with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian.
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