Federal Gun Laws

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)