Federally Prohibited Persons (including marijuana users)

18 USC 922 (g) – Federally Prohibited Persons

The Federal Gun Control Act of 1968 and the Federal Omnibus Consolidated Appropriations Act of 1997 make it illegal for a person who fits into any of the following categories to ship, transport, receive or possess firearms or ammunition. These laws prevent a state from issuing a concealed carry license/permit as it would be illegal for people who fit in these categories, by federal law, to own or possess a gun.

  • Persons who have been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year 
  • Fugitives from justice
  • Persons who are unlawful users of or are addicted to narcotics or any other controlled substances (including medical marijuana, see below)
  • Persons adjudicated as a mental defective or who have been committed to a mental institution (although relief may be available under the 2008 NICS Improvement Act)
  • Aliens illegally in the U.S.
  • Military veterans discharged under dishonorable conditions
  • Persons who have renounced U.S. citizenship
  • Persons convicted in any court of a misdemeanor crime of domestic violence 
  • Persons subject to a court order that restrains them from harassing, stalking or threatening an intimate partner 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, with limited exceptions, provided the court order:
    • was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
      • includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
      • 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
         

    18 USC 921 (a)(33)(B) – Exceptions
    (ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement or restoration of civil rights expressly provides that the person may not ship, transport, possess or receive firearms.

    MEDICAL MARIJUANA

    Federal law prohibits medical marijuana users from possessing or buying firearms and ammunition — even if state law allows the drug’s use. An individual can’t have both licenses. Under federal law, any marijuana user is an unlawful user of a controlled substance. The 9th Circuit Court of Appeals has upheld this rule. Marijuana in any form is illegal under federal law. Users of marijuana are prohibited persons. Checking ‘no’ on question 11(e) on the Form 4473 would be a lie if you use marijuana, which is a federal offense. See this ATF letter on the topic.

Related Articles From the USCCA Blog

The Smoking Gun

The Smoking Gun

Matt Mallory — April 26, 2020

The information contained on this website is provided as a service to USCCA, Inc. members and the concealed carry community, and does not constitute legal advice.  We make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing, and as such, nothing contained on this website should be used as a substitute for the advice of a lawyer for a specific case.