18 U.S.C. Section 922(g) identifies nine categories of people who generally may not ship, transport, possess, or receive a firearm or ammunition that has moved in interstate or foreign commerce.[1]
The Nine Federal Categories
- A person convicted of a crime punishable by imprisonment for more than one year, subject to the statute's definitions and exceptions.
- A fugitive from justice.
- A person who is an unlawful user of or addicted to a controlled substance.
- A person adjudicated as a mental defective or committed to a mental institution.
- A person unlawfully present in the United States, or admitted under a nonimmigrant visa unless an exception applies.
- A person discharged from the Armed Forces under dishonorable conditions.
- A person who renounced United States citizenship.
- A person subject to a qualifying domestic-violence restraining order.
- A person convicted of a qualifying misdemeanor crime of domestic violence.
Unlawful Users and United States v. Hemani
ATF's January 22, 2026 interim final rule defines an unlawful user as a person who regularly uses a controlled substance over an extended period continuing into the present. It states that isolated, sporadic, or ceased use is not enough.[3]
On June 18, 2026, the Supreme Court held in United States v. Hemani that applying the unlawful-user provision based solely on regular marijuana use, without individualized proof of danger, violated the Second Amendment in that case.[4] The Court did not decide the addict prong, present intoxication, drug-specific legislation, or a case supported by individualized evidence that the person's drug use made the person dangerous. Section 922(g)(3) remains in the U.S. Code, and its application outside Hemani is fact-specific.
Marijuana Scheduling Does Not Supply a Blanket Answer
A 2026 federal action moved certain FDA-approved marijuana products and products under qualifying state medical-marijuana licenses to Schedule III.[7] Broader marijuana rescheduling remained a separate proceeding.[8] These developments do not make all marijuana use federally lawful or independently resolve every Section 922(g)(3) case.
Domestic-Violence Restraining Orders
In United States v. Rahimi, the Supreme Court held that Section 922(g)(8) may constitutionally prohibit firearm possession while a person is subject to a qualifying order containing a finding that the person poses a credible threat to an intimate partner's physical safety.[5]
Federal Firearm Rights Restoration Rule
Status: adopted, not yet effective. The Department of Justice published a final rule on August 20, 2026, implementing an application process under 18 U.S.C. Section 925(c) for relief from specified federal firearms disabilities. The rule takes effect September 21, 2026. It states that the Department will begin soliciting applications on that date.[9]
Relief is not automatic. The Attorney General must determine that the applicant is not likely to endanger public safety and that granting relief would not be contrary to the public interest. The Department's current rollout page lists invited applications beginning September 25, 2026, followed by a limited public opening on November 4, 2026. A grant removes only the covered federal disability and does not override an independent Massachusetts prohibition.[10]
Federal Penalty
A person who knowingly violates Section 922(g) is generally subject to the penalty in 18 U.S.C. Section 924(a)(8), which authorizes imprisonment for up to 15 years.[2] Separate statutes and sentencing provisions can affect a particular case.
Massachusetts Adds Its Own Rules
Federal eligibility is only one layer. Massachusetts Section 121F separately governs state firearm-license prohibitions and suitability, and it requires the State Police to certify that issuance would not violate state or federal law.[6] A Massachusetts license does not override a federal prohibition.
Sources
Related
- 27 CFR Part 478: ATF Firearms Regulations
- 18 USC §§921-931: Gun Control Act Overview
- AG Enforcement Notice on Copies and Duplicates (July 20, 2016)
- AG Handgun Sales Enforcement Notice
- MGL Chapter 140, Section 121: Firearms Definitions
- Untraceable Firearms and Serialization Requirements: Sections 121C and 121D