Prohibited Persons Categories

Federal Prohibited Categories

18 U.S.C. § 922(g) - The Core Statute

Federal law prohibits the following persons from possessing firearms or ammunition:

Additional Federal Prohibitions

• Under Indictment: Cannot receive firearms while under felony indictment (922(n))
• Juveniles: Under 18 for handguns, with exceptions (922(x))
• Temporary Visitors: Nonimmigrant visa holders, with exceptions

Historical Basis

Founding Era Precedents

Historical disarmament included:

• Loyalists: Those refusing oath of allegiance during Revolution
• Religious Objectors: Some states disarmed pacifist groups
• Slaves: Comprehensive disarmament (now unconstitutional)
• Native Americans: Various restrictions (now unconstitutional)
• Catholics: In some colonies pre-Revolution

19th Century Development

Post-Civil War expansions:

"The right of bearing arms... is not one of the rights guaranteed by the Constitution... This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence."

— United States v. Cruikshank, 92 U.S. 542, 553 (1876)

Modern Era Evolution

Felons and Crime

Felon-in-Possession Laws

The most common prohibited category:

• Federal Definition: Crime punishable by more than one year
• State Variations: Some states restore rights automatically
• Business Exception: State misdemeanors punishable by ≤2 years excluded
• Lifetime Ban: No federal time limit on prohibition

Constitutional Justifications

Courts cite several rationales:

1. Civic Virtue Theory: Felons lack virtuous citizenship
2. Public Safety: Higher recidivism risk
3. Historical Tradition: Longstanding felon disabilities
4. Forfeiture: Rights forfeited through criminal conduct

Non-Violent Felons Debate

Growing challenges to blanket prohibition:

Domestic Violence

The Lautenberg Amendment

18 U.S.C. § 922(g)(9) - Unique aspects:

• Misdemeanor Crime: Only misdemeanor triggering federal ban
• Retroactive: Applies to pre-1996 convictions
• No Official Use Exception: Applies to law enforcement/military
• Broad Definition: Includes attempted use of force

Restraining Orders

18 U.S.C. § 922(g)(8) requirements:

1. Court order after hearing with notice
2. Restrains from harassing intimate partner/child
3. Includes finding of credible threat OR
4. Explicitly prohibits force use

US v. Rahimi (2024)

Supreme Court upheld § 922(g)(8):

"When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment."

— Chief Justice Roberts, United States v. Rahimi, No. 22-915 (2024)

Key holdings:

• Historical tradition of disarming dangerous individuals
• Surety laws provide relevant analogues
• Temporary nature important to constitutionality
• Due process protections matter

Mental Health Prohibitions

Federal Standard

"Adjudicated as mental defective" includes:

• Court Determination: Danger to self or others
• Lacks Capacity: Cannot manage own affairs
• Criminal Cases: Found incompetent or not guilty by reason of insanity
• Involuntary Commitment: To mental institution

NICS Improvement Act

After Virginia Tech shooting (2007):

• Required states to submit mental health records
• Created restoration procedures
• Funded state compliance efforts
• Privacy protections included

Constitutional Concerns

State Variations

States have different standards:

• Voluntary commitment triggers (some states)
• Temporary holds (72-hour evaluations)
• Outpatient treatment orders
• Restoration procedures vary widely

Substance Use

Current Federal Law

18 U.S.C. § 922(g)(3) prohibits:

"Any person who is an unlawful user of or addicted to any controlled substance"

Marijuana Paradox

State legalization creates conflicts:

• Federal law still classifies as illegal
• State-legal users federally prohibited
• Medical marijuana patients affected
• No exemption for state programs

Constitutional Challenges

Recent circuit court decisions:

Other Categories

Immigration Status

Multiple categories affected:

• Illegal Aliens: Complete prohibition
• Nonimmigrant Visa Holders: Generally prohibited with exceptions:
  • Hunting license exception
  • Official representatives
  • Law enforcement
• Legal Permanent Residents: Full rights (citizens of states)

Military Discharge

Only dishonorable discharge triggers ban:

• General discharge - No prohibition
• Other than honorable - No prohibition
• Bad conduct discharge - No prohibition
• Dishonorable discharge - Lifetime ban

Age Restrictions

Federal age limits:

• Handguns: 21 to purchase from FFL, 18 to possess
• Long Guns: 18 to purchase and possess
• Private Sales: 18 for all firearms
• Ammunition: 21 for handgun ammo, 18 for rifle/shotgun

Post-Bruen challenges to age restrictions have mixed results.

Rights Restoration

Federal Restoration

Limited options available:

1. Presidential Pardon: Rare but complete restoration
2. Expungement: If conviction set aside under state law
3. Civil Rights Restored: Vote, hold office, serve on jury
4. ATF Relief: Program defunded since 1992

State Restoration

Varies significantly by state:

Mental Health Restoration

NICS Improvement Act procedures:

• State must have certified program
• Petitioner shows no danger
• Public interest standard
• De novo judicial review available

Constitutional Challenges

Pre-Bruen Framework

Courts generally upheld prohibitions using:

• Heller's "presumptively lawful" language
• Intermediate scrutiny
• Public safety rationales
• Historical tradition broadly construed

Post-Bruen Challenges

New framework requires historical analogues:

Successful Challenges

Some prohibitions failing under Bruen:

• Non-violent felons: Range v. AG (3d Cir. 2023)
• Marijuana users: United States v. Harrison (W.D. Okla. 2023)
• 18-20 year olds: Some district courts

Future Uncertainty

Open questions include:

• Which felonies justify lifetime bans?
• Must danger be proven individually?
• Are categorical bans constitutional?
• What process is due before disarmament?