National Instant Criminal Background Check System - Persons Subject To Prohibition

Persons Subject To Prohibition

Sections 922(g) and (n) of the Gun Control Act prohibits certain persons from shipping or transporting any firearm in interstate or foreign commerce, or receiving any firearm which has been shipped or transported in interstate or foreign commerce, or possessing any firearm in or affecting commerce. These prohibitions apply to any person who:

  • Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year
  • Is under indictment for a crime punishable by imprisonment for a term exceeding one year
  • Is a fugitive from justice
  • Is an unlawful user of or addicted to any controlled substance
  • Has been adjudicated as a mental defective or committed to a mental institution
  • Is illegally or unlawfully in the United States
  • Has been discharged from the Armed Forces under dishonorable conditions
  • Having been a citizen of the United States, has renounced U.S. citizenship
  • Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner
  • Has been convicted in any court of a misdemeanor crime of domestic violence

In addition to local, state, tribal, and federal agencies voluntarily contributing information to the NICS Index, the NICS Section receives telephone calls from mental health institutions, psychiatrists, police departments, and family members requesting placement of individuals into the NICS Index. Frequently, these are emergency situations and require immediate attention. Any documentation justifying a valid entry into the NICS Index must be available to the originating agencies.

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