This section will explain the basics of federal gun laws. If you go to State Gun Laws, and enter your state into the drop-down menu, you may also see gun laws that are specific to your state. The major difference between federal and state gun laws has to do with:

• who makes the law;
• who prosecutes someone who violates the law; and
• what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself. If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated but local police generally can only arrest someone for violating state/local laws. Generally, local police cannot arrest someone for violating a federal law. Only federal law enforcement officers from the Bureau of Alcohol, Tobacco and Firearms (“ATF”) can arrest someone for violating federal laws.

If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor. If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state, which is the federal prosecuto). For information on how you can contact ATF directly to report the violation of federal gun laws, go to the ATF website to find the office nearest you. If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

Throughout these gun law pages, we will refer to the fact that it is illegal to carry a gun if a person has been convicted of a “domestic violence misdemeanor,” also referred to as a “misdemeanor crime of domestic violence.” A misdemeanor may have different definitions in each state, but basically it is a crime with a shorter possible sentence than a felony. In general, a misdemeanor could be a “domestic violence misdemeanor” if:

1. the abuser is or was a family or household member, which includes:

• your current or former spouse;
• your parent or guardian;
• a person with whom you have a child in common;
• a person who is like a spouse, parent, or guardian to you; or
• a person with whom you have a current or recent former dating relationship; and

2. s/he was charged with a misdemeanor because the crime involved:

• the use or attempted use of physical violence or “force;” or
• the threatened use of a deadly weapon.¹

Note: The word “force” in the list above does not have to be violent force. “Offensive touching,” such as the type that comes under many crimes of battery, is considered to be force.²

The crime may not have to specifically mention “domestic violence” in order for it to be considered a domestic violence misdemeanor and for the federal firearm law to apply.³ The relationship that the victim has with the offender could determine whether or not the misdemeanor is a “domestic violence misdemeanor.” For example: If Bob is convicted of a misdemeanor assault against his wife, it is probably illegal for him to buy or have a gun. If Bob is convicted of a misdemeanor assault against his neighbor, he may still be able to have or buy a gun.

For tips on how to figure out if the abuser was convicted of a domestic violence misdemeanor, go to How can I find out if the abuser has been convicted of a crime? For more information, or if you are still confused, you might want to contact the National Center on Protection Orders and Full Faith & Credit at 1-800-903-0111, ext. 2.

¹ 18 USC § 921(a)(33)(A); see Buster v. United States, 447 F.3d 1130 (8th Cir. 2006) (for discussion of defining “as a spouse”)
² See United States v. Castleman, 134 S. Ct. 1405, 188 L. Ed. 2d 426 (2014)
³ See United States v. Hayes, 555 U.S. 415, 129 S.Ct. 1079 (2009)

If the order meets certain requirements, it is illegal for the abuser to buy, own, or have a gun while you have a final order of protection. The requirements are:

1. The order is issued after a hearing;
2. The abuser has to be given notice of the hearing and an opportunity to attend; (Note: Whether or not s/he actually attends doesn’t matter);
3. The abuser must be:
   • your current or former spouse;
   • a person with whom who you have a child in common; or
   • a person with whom you live or have lived in the past;¹ and
4. The order of protection must contain the following specific legal language:
   
   • It has to forbid the respondent from harassing, stalking, threatening, or behaving in any way that causes the petitioner to fear physical injury for him/herself or his/her child; and
   • It has to say one of the following:
     • the abuser represents a threat to the physical safety of the petitioner or his/her child; or
     • the use, attempted use, or threatened use of physical force against the petitioner or his/her child is not allowed (prohibited).²

The order of protection does not need to say that the abuser cannot have a gun for the federal law to apply.

To find out if your order qualifies, you can call the National Center on Protection Orders and Full Faith & Credit at 1-800-903-0111 ext. 2.

Note: An abuser who works for a government organization, such as a police officer or military servicemember, may still be allowed to possess a work-issued firearm even if s/he was convicted of a felony or if s/he has an order of protection issued against him/her . Please see The abuser uses a gun for his/her job. Does the law still apply? for more information.

¹ 18 USC §§ 922(g)(8); 921(a)(32)
² 18 USC § 922(g)(8)

The abuser does not have to come to the hearing in order for the law to apply to him/her, but s/he does have to be given notice of the hearing and an opportunity to attend.¹ If the abuser was given notice of the hearing and did not attend, his/her gun may still be taken away under federal law.

If no hearing is scheduled, and/or no notice is given to the abuser about the court hearing, then the federal firearm law likely may not apply to the abuser.²

¹ 18 USC § 922(g)(8); See, for example, United States v. Bunnell, 106 F. Supp. 2d 60 (D. Me. 2000), aff’d 280 F. 3d 46 (1st Cir. 2002)
² See, for example, United States v. Spruill, 292 F. 3d 207 (5th Cir. 2002)

Under federal law, if the abuser has been convicted of any felony or of a domestic violence misdemeanor, s/he cannot legally have or buy a gun unless one of the following exceptions apply:

1. If the person was convicted of one domestic violence misdemeanor that was committed against a current or former dating partner, s/he gets his/her right to have a firearm back after five years if during those five years, s/he does not get convicted of:
   • any crimes that have the use or attempted use of physical force, or the threatened use of a deadly weapon as an element of the crime; or
   • any felony.¹
2. An abuser who works for a government organization, such as a police officer or military servicemember, may still be allowed to possess a work-issued firearm in certain circumstances.² Please see The abuser uses a gun for his/her job. Does the law still apply? for more information.

Note: In addition, it is illegal to have or buy a gun if the abuser is a “fugitive from justice,” which means s/he has fled any state to avoid being prosecuted or to avoid testifying in any criminal proceeding.³

¹ 18 USC § 922(g)(1), (g)(9)
² 18 USC §§ 925(a)(1); 922(d)(9), (g)(9)
³ 18 USC § 922(g)(2)

The abuser can get jail time for having a gun in violation of the law. Under federal law, anyone who owns, has or buys a gun in violation of the federal firearm law can be punished by a fine, jail time for up to ten years, or both.¹ However, as with any criminal case, the actual sentence the abuser gets may depend on a lot of different factors. In addition, realistically, it may be difficult to get federal authorities to prosecute a case. For instance, even though the Bureau of Alcohol, Tobacco, and Firearms (ATF) processed thousands of cases where someone was attempting to illegally buy a firearm in 2015, only 20 of those cases led to prosecution.²

Note: Generally, a person does not have to have knowledge of a specific law in order to be arrested and convicted for violating the law. So, if the abuser has a gun or buys a gun in violation of federal law, the abuser can be arrested and convicted, whether or not the abuser knows s/he was in violation of the law. “Ignorance of the law” is no excuse or defense.³

¹ 18 USC § 924(a)(2)
² “The Federal Government’s Strange Silence About Gun Crimes,” The New York Times Editorial Board (Dec. 19, 2017)
³ See, for example, United States v. Denis, 297 F.3d. 25 (1st Cir. 2002); United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)

The law that makes it illegal for a person who has an order of protection issued against him/her or for a person who was convicted of a felony to have a gun is different when the person works for a governmental agency. Most often, employees of governmental agencies who would use a gun on duty are law enforcement officers, such as police, sheriffs, and correction officers, and members of the military. However, it is possible that other governmental agency positions may require the use of a firearm as well.

The law clearly states that a police officer, military servicemember, or other governmental agency employee who is convicted of a domestic violence misdemeanor can never possess a firearm, including both for personal use or while on duty. However, the law allows a police officer or military servicemember or other governmental agency employee who was convicted of a felony or who has an order of protection issued against him/her to possess a firearm if the firearm was “imported for, sold or shipped to, or issued for the use of” a federal, state, or local government agency. In other words, a police officer or military servicemember or other governmental agency employee who has been convicted of a felony or who is subject to an order of protection can still possess an agency-issued firearm while on duty.

In addition, the law is clear that a police officer, military servicemember, or other governmental agency employee cannot buy a gun for personal use. However, it’s not entirely clear under the law whether or not a governmental agency could give an agency-issued firearm to a person who was convicted of a felony or who is subject to an order of protection for his/her personal use.¹ Each governmental agency may interpret the law differently and therefore may have different policies on this.

If you are confused or not sure whether the abuser can still use a gun for work purposes, you can contact us on our Email Hotline or call the National Center on Protection Orders and Full Faith & Credit at 1-800-903-0111, ext. 2.

¹ 18 USC §§ 925(a)(1); 922(d)(9), (g)(9)