Who this is for: Private gun sellers who want to understand which categories of people are legally prohibited from owning firearms — and what happens if they unknowingly sell to one.
What you’ll learn:
- All federal categories of prohibited persons under 18 U.S.C. § 922(g)
- Why this matters specifically for private sellers
- How to verify buyer eligibility without a background check system
- What happens when a prohibited person lies to a private seller
- State-level prohibited person categories that go beyond federal law
When you complete a private firearm sale, you are responsible for not knowingly transferring a gun to someone legally barred from owning one. The word “knowingly” does a lot of legal work in that sentence — but the burden on private sellers to exercise reasonable judgment is real. Understanding who qualifies as a prohibited person under federal law is therefore not just legal trivia; it’s a practical requirement for every private sale.
Federal Prohibited Person Categories Under 18 U.S.C. § 922(g)
Federal law establishes nine categories of individuals who are prohibited from possessing, purchasing, or receiving firearms:
1. Convicted Felons
Anyone convicted of a crime punishable by imprisonment for a term exceeding one year. This applies to convictions in any court — state, federal, or military — and applies for life unless rights have been restored through a formal legal process.
2. Fugitives From Justice
Anyone who has fled to another state or country to avoid prosecution for a crime or to avoid testifying as a witness in a criminal proceeding.
3. Unlawful Drug Users
Anyone who is an unlawful user of or addicted to a controlled substance as defined under federal law. This includes marijuana users, even in states where cannabis is legal — marijuana remains a Schedule I controlled substance federally, and the ATF has confirmed that Form 4473 prohibits marijuana users from purchasing firearms.
4. Adjudicated Mental Defectives or Committed to Mental Institutions
Anyone who has been adjudicated as “mental defective” (a term defined in law as having been found incompetent to manage their own affairs, found not guilty by reason of insanity, or found incompetent to stand trial) or who has been involuntarily committed to a mental institution.
5. Illegal Aliens (Undocumented Immigrants)
Any person in the United States illegally is prohibited from possessing firearms. Certain non-immigrant visa holders are also prohibited with limited exceptions.
6. Persons Who Have Renounced U.S. Citizenship
7. Dishonorably Discharged Veterans
Only a dishonorable discharge triggers this prohibition — other than honorable discharges (general, under honorable conditions, other than honorable) do not automatically prohibit firearm possession.
8. Persons Subject to Certain Domestic Violence Restraining Orders
Persons subject to a qualifying protective order related to domestic violence or harassment where the order meets specific criteria (issued after notice and hearing, involving an intimate partner or child, and finding a credible threat to physical safety).
9. Domestic Violence Misdemeanants
Anyone convicted of a misdemeanor crime of domestic violence — regardless of the sentence imposed. This category was added by the Lautenberg Amendment in 1996 and notably applies even to law enforcement officers.
Why This Matters for Private Sellers
In states with universal background check requirements, the FFL runs a NICS check and bears primary responsibility for catching prohibited persons. In states without that requirement, the private seller transfers the gun without a formal check. Federal law holds that knowingly selling to a prohibited person is a crime — and courts have found that willful blindness (ignoring obvious red flags) does not protect a seller. Requesting ID, noting the buyer’s information on a bill of sale, and asking for a concealed carry permit as an eligibility indicator are practical steps any private seller can take.
State-Level Additional Prohibitions
Many states extend prohibited person categories beyond federal law. California, for instance, prohibits firearm possession for a broader range of misdemeanor convictions and certain individuals subject to gun violence restraining orders. New York, Illinois, and other states have similar expansions. The most restrictive state law in the chain of a transaction is the one that applies. For a current listing of state-specific prohibitions, the ATF’s state laws publication is the most comprehensive official resource.
Key Takeaways
- Federal law prohibits nine categories of people from possessing or purchasing firearms
- Knowingly selling to a prohibited person is a federal felony regardless of how the transfer occurred
- Marijuana users are federally prohibited even in states where cannabis is legal
- Domestic violence misdemeanants and restraining order subjects are prohibited — not just felons
- Many states add categories beyond federal law — always verify your state’s specific prohibited person list
Frequently Asked Questions About Prohibited Persons
Can a prohibited person’s rights ever be restored?
Yes, in some cases. Federal and state law allow for rights restoration through pardons, expungements, or specific legal proceedings. The process varies significantly by state and the nature of the disqualifying conviction. Until rights are formally restored, the prohibition applies.
Does a marijuana card or state dispensary purchase make someone a prohibited person?
Under current federal ATF guidance, yes. The ATF’s Form 4473 explicitly asks about illegal drug use, and federal guidance confirms that marijuana use — even under a state medical program — is a federal disqualifier. This is an area of ongoing legal and policy debate, but the current enforcement position is clear.
If a buyer lies on a bill of sale, am I liable?
If you had no reason to suspect the buyer was prohibited and took reasonable precautions (requested ID, used a bill of sale), a buyer’s lie generally protects you from criminal liability. If you ignored obvious warning signs, the analysis changes. Document everything and trust your instincts.
What if I’m unsure about a buyer’s eligibility?
When in doubt, route the transfer through an FFL. Even in states where this isn’t required, paying $30–$50 for a licensed dealer to run a NICS check is a simple way to resolve any uncertainty. An FFL transfer is always a legally safe option regardless of state law requirements.