US Federal

Can an abuser possess firearms under federal law?

Lifetime ban
Misdemeanor conviction
5-year max
Prison for violation
10-year max
If injury occurs
18 U.S.C. § 922
Key statute
The Short Answer

No, under federal law, a person convicted of a misdemeanor crime of domestic violence or subject to a qualifying domestic violence restraining order is prohibited from possessing firearms.

What the Law Says

Federal law broadly prohibits firearm possession by individuals who have committed domestic abuse — even if the offense was only a misdemeanor — or who are subject to certain court orders protecting victims of domestic violence.

The primary federal firearm prohibition for abusers is found in 18 U.S.C. § 922(g)(9), which bars anyone 'convicted in any court of a misdemeanor crime of domestic violence' from shipping, transporting, possessing, or receiving firearms or ammunition. This is a lifetime ban unless rights are formally restored.

While 18 U.S.C. § 2261 (Interstate Domestic Violence) does not itself create a firearm ban, it criminalizes crossing state lines to commit domestic violence or to violate a protection order — and violations can trigger or reinforce other federal firearm prohibitions, including those under § 922(g).

Importantly, § 2261(a)(1) states: 'Whoever travels in interstate or foreign commerce... with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished...' — reinforcing federal jurisdiction over abusive conduct that crosses state lines.

Statutory Text

Whoever travels in interstate or foreign commerce... with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished...

18 U.S.C. § 2261(a)(1) — Interstate domestic violence

What to Do

1

Confirm whether the abuser has a qualifying conviction (misdemeanor domestic violence) or is subject to a qualifying restraining order.

2

Report suspected illegal firearm possession to local law enforcement or the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

3

Victims may seek a civil protection order that meets federal criteria (e.g., includes a finding of threat or use of force, issued after notice and hearing).

4

Consult a domestic violence advocate or attorney about safety planning and legal options.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.