I often see discussion about some sort of order entered by a court which may or may not bar a person from owning, possessing, or buying a firearm by operation of federal law. There is a lot of misinformation as to what type of court order the statute envisions. I thought it might be helpful to set out the statute in question. Title 18 U.S.C. 922(g) provides in relevant part:
Next, the court order must prohibit specified activity. This includes harrasment, stalking, threatening or other conduct would place a partner or child in reasonable fear of bodily injury.
The order must also include one of two alternate provisions. It must either specifically find the person is a credible threat to the partner or child OR the order prohibits the use of force or threatened force.
Anyone questioning whether a particular order disqualifies them from owning, possessing, or buying a firearm should have a lawyer review it under this statute.
There are other provisions which also disqualify a person from possessing a firearm under 18 U.S.C. 922(g). Also, note that the statute also prohibits possession of ammunition.
The first thing to notice is that the court order qualifies only if there has been notice and an opportunity to participate in the proceedings. Thus, ex parte orders are excluded. Of course, a person must still follow the court order.(g) It shall be unlawful for any person-- . . .
(8) who is subject to a court order that--
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; . . .
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
Next, the court order must prohibit specified activity. This includes harrasment, stalking, threatening or other conduct would place a partner or child in reasonable fear of bodily injury.
The order must also include one of two alternate provisions. It must either specifically find the person is a credible threat to the partner or child OR the order prohibits the use of force or threatened force.
Anyone questioning whether a particular order disqualifies them from owning, possessing, or buying a firearm should have a lawyer review it under this statute.
There are other provisions which also disqualify a person from possessing a firearm under 18 U.S.C. 922(g). Also, note that the statute also prohibits possession of ammunition.