Federal Prohibited Persons List: Who Cannot Own a...

The Nine Categories of Federally Prohibited Persons

Federal law under 18 U.S.C. § 922(g) identifies nine distinct categories of individuals who are prohibited from possessing firearms or ammunition. Understanding these categories is essential for anyone in Kentucky who wants to know whether they can legally own a gun. At Clark + Harris in Lexington and Louisville, we analyze our clients’ circumstances against each of these categories to provide a comprehensive assessment of their firearms rights status.

Many people are surprised to learn how broad the federal prohibition is. It extends far beyond convicted felons to include individuals with certain misdemeanor convictions, mental health adjudications, substance abuse issues, immigration status problems, and more. If you fall into any one of these categories, you are a federally prohibited person — and possessing a firearm carries a penalty of up to ten years in federal prison.

The Nine Categories Explained

1. Felony Convictions — § 922(g)(1)

Any person convicted of a crime punishable by imprisonment for more than one year is prohibited from possessing firearms. This is the most commonly charged category and applies to all felony convictions from any jurisdiction. Note that the standard is what the crime is “punishable by” — not what sentence was actually imposed. Even if you received probation with no jail time, you are prohibited if the maximum possible sentence exceeded one year.

2. Fugitives from Justice — § 922(g)(2)

Any person who is a fugitive from justice — meaning there is an outstanding warrant for their arrest — is prohibited from possessing firearms. This prohibition is automatically removed once the warrant is resolved, but possessing a firearm while the warrant is active is a federal crime.

3. Unlawful Drug Users — § 922(g)(3)

Any person who is an unlawful user of or addicted to any controlled substance is prohibited. This category is particularly significant in Kentucky given the state’s ongoing issues with substance abuse. It also applies to marijuana users, even in states where marijuana has been legalized, because marijuana remains illegal under federal law.

4. Mental Health Adjudications — § 922(g)(4)

Any person who has been adjudicated as a mental defective or committed to a mental institution is prohibited. This includes involuntary civil commitments and certain judicial findings of incompetency or insanity. It does not include voluntary mental health treatment or outpatient counseling.

5. Illegal Aliens — § 922(g)(5)

Non-citizens who are in the United States illegally or who have been admitted under a non-immigrant visa are generally prohibited from possessing firearms, with limited exceptions.

6. Dishonorable Discharge — § 922(g)(6)

Any person who has been dishonorably discharged from the United States Armed Forces is prohibited. This does not include other types of military separations such as “other than honorable” or “bad conduct” discharges at the special court-martial level.

7. Renounced Citizenship — § 922(g)(7)

Any person who has renounced their United States citizenship is prohibited from possessing firearms within the United States.

8. Domestic Violence Restraining Orders — § 922(g)(8)

Any person subject to a qualifying domestic violence restraining order is prohibited. The order must meet specific requirements under federal law, including that it was issued after a hearing of which the person had notice and an opportunity to participate. In Kentucky, this includes Domestic Violence Orders (DVOs) issued under KRS 403.740. The Supreme Court upheld the constitutionality of this provision in United States v. Rahimi (2024).

9. Domestic Violence Misdemeanor Convictions — § 922(g)(9)

Any person convicted of a misdemeanor crime of domestic violence is prohibited. This is the Lautenberg Amendment prohibition, and it applies to convictions under Kentucky statutes such as KRS 508.030 (fourth-degree assault) when the offense involved a domestic relationship.

Overlapping Categories

Many individuals fall into more than one prohibited category. A person with a felony conviction and a current drug problem, for example, is prohibited under both § 922(g)(1) and § 922(g)(3). A person with a domestic violence misdemeanor conviction who is also subject to a DVO is prohibited under both § 922(g)(8) and § 922(g)(9). Each category creates an independent basis for prosecution, and restoration of rights must address each applicable category separately.

How to Determine Your Status

Determining whether you fall into one or more prohibited categories requires a careful analysis of your criminal history, your current circumstances, and the applicable law. This is not something that can be reliably done through internet research or casual advice. The consequences of an incorrect assessment — a federal felony charge carrying up to ten years in prison — are too severe to leave to chance.

Don’t risk a federal firearms charge by assuming your rights are restored. Call Clark + Harris at 859-474-0001 for a legal analysis of your specific situation. Our firearms rights attorneys in Lexington and Louisville will evaluate your status under all nine categories of § 922(g) and advise you on the most effective path to restoring your rights.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:

Federal Prohibited Persons List: Who Cannot Own a Firearm Under Federal Law?