Certain Persons Forbidden to Possess Firearms in Alabama

Under Alabama law, the people who cannot possess a firearm include anyone convicted of a violent crime or a domestic violence offense, anyone subject to a valid domestic abuse protection order, people found by a court to be of unsound mind, drug addicts, habitual drunkards, minors, and non-citizens without lawful status. Recent felons are barred for five years, and those with three or more separate felony convictions are barred for life. Federal law adds a permanent ban for anyone convicted of a crime punishable by more than a year in prison, which sweeps in most people with any felony record regardless of what Alabama’s five-year clock says. That is the short answer to who cannot possess a firearm in Alabama; the details below matter because they change who actually gets prosecuted.¹

People With Felony Convictions

Alabama does not impose a blanket lifetime firearm ban on everyone with a felony record. The state rule turns on how many felonies you have and how recent they are.¹

One or two felony convictions: firearm rights are lost for five years after conviction. Once five years pass, the state ban lifts on its own.
Three or more felony convictions arising from separate charges: the prohibition is permanent under Alabama law.

Here is the catch. Federal law has no five-year window. Anyone convicted of a crime punishable by more than one year in prison is permanently barred from possessing a firearm under 18 U.S.C. § 922(g), no matter how long ago the conviction occurred or how many convictions there are.² So a person whose Alabama clock has run can still face federal prosecution. For most people with felony records, the federal ban is the one that controls.

People Convicted of Violent Crimes or Domestic Violence

Alabama imposes a separate, indefinite firearm ban on anyone convicted of a crime of violence, a violent offense listed in Section 12-25-32(15), or a misdemeanor offense of domestic violence. Unlike the general felony bar, this one has no built-in expiration.¹

The domestic violence piece surprises people because it reaches misdemeanor convictions. A third-degree domestic violence conviction in Alabama covers offenses like harassment, menacing, and reckless endangerment committed against a household member. Even as a misdemeanor, it triggers a firearm ban under both state and federal law.² All three degrees of Alabama domestic violence trigger the state prohibition.

Federal law bars firearm possession after a domestic violence conviction when the offense was committed against a spouse, former spouse, someone who shares a child with the offender, or someone who lives or has lived with the offender. Alabama’s household-member definition is broader. The practical takeaway: a domestic violence conviction at any level, in any state, creates a firearm prohibition that follows a person into Alabama.

People Subject to a Protection Order

Anyone subject to a valid protection order for domestic abuse in Alabama is prohibited from possessing any firearm. This restriction sits in the same statute as the violent-crime and domestic-violence bars, and a violation is a Class C felony.¹ Alabama judges issue these orders under Title 30, Chapter 5 of the Alabama Code.³ Judges can also prohibit firearm possession as a condition of bail in domestic violence or protection-order-violation cases.

Federal law imposes its own protection-order bar, but only when specific conditions are met. The order must have been issued after a hearing where the person had notice and an opportunity to participate. It must restrain the person from threatening or harassing an intimate partner or the partner’s child. And it must either include a finding that the person is a credible threat to the physical safety of the partner or child, or explicitly prohibit the use or threatened use of physical force against them.²

The protection order bar matters because it does not require a criminal conviction. A civil order alone strips firearm rights.

People Found to Be of Unsound Mind

Alabama bars firearm possession by anyone “of unsound mind,” and the statute is specific about what that means. A person falls into this category if a court, board, commission, or similar lawful authority has made any of the following findings:¹

A determination that, due to mental illness, intellectual disability, or a similar condition, the person is a danger to self or others, or lacks the capacity to manage their own affairs.
A criminal court finding of not guilty by reason of mental disease or defect, incompetence to stand trial, or not responsible due to a mental condition. This includes state, federal, and military courts.
Involuntary commitment for inpatient treatment at the Department of Mental Health or a Veterans Administration hospital following a hearing.

Federal law mirrors this with its own prohibition on possession by anyone “adjudicated as a mental defective” or involuntarily committed to a mental institution.² Voluntary admissions for mental health treatment generally do not trigger the ban under either state or federal law.

Drug Users and Habitual Drunkards

Alabama law prohibits anyone with a drug addiction from owning or possessing a pistol. The state restriction is limited to pistols, and a violation is a Class A misdemeanor.¹

Federal law is broader. It bars any “unlawful user of or addicted to” a controlled substance from possessing any firearm. Courts read “unlawful user” expansively: a pattern of recent use, even if not daily, can be enough, and evidence like failed drug tests, drug-related arrests, or admissions of use can establish the pattern.²

Marijuana creates a sharp conflict. Alabama legalized medical marijuana, but federal law still classifies marijuana as a Schedule I controlled substance.⁴ Anyone using marijuana, including holders of a valid Alabama medical card, is treated as an unlawful user under federal law and cannot legally possess a firearm. The ATF has consistently held this position, and it applies nationwide regardless of state legalization.

Alabama separately prohibits anyone classified as a “habitual drunkard” from owning or possessing a pistol. Like the drug addiction restriction, this one applies only to pistols and violations are a Class A misdemeanor.¹ It is also illegal to deliver a pistol to a person you have reasonable cause to believe is a habitual drunkard.⁵

Non-Citizens, Minors, and Other Federal Categories

Alabama prohibits firearm possession by non-citizens who are in the country illegally or who entered on a nonimmigrant visa. Violation is a Class C felony under state law.¹

Minors cannot own or possess a pistol in Alabama, with limited exceptions. That prohibition is a Class A misdemeanor. Federal law separately prohibits licensed dealers from selling handguns to anyone under 21 and long guns to anyone under 18.

Federal law adds several categories that apply anywhere in the United States, including Alabama:⁶

Fugitives from justice, meaning anyone who has fled a state to avoid prosecution or to avoid giving testimony in a criminal proceeding.
Anyone discharged from the Armed Forces under dishonorable conditions.
Anyone who has renounced their United States citizenship.
Persons under indictment for a crime punishable by more than one year of imprisonment (federal law restricts firearm sales to them).

These federal categories layer on top of Alabama’s list. A person may be clear under state law and still prohibited federally.

Penalties for Possessing a Firearm While Prohibited

Under Alabama law, violating the main prohibition — covering felons, those with violent or domestic violence convictions, people subject to protection orders, those of unsound mind, and non-citizens without lawful status — is a Class C felony. That carries one year and one day to ten years in prison⁷ and a possible fine of up to $15,000.⁸

The pistol-specific violations — minors, habitual drunkards, and drug addicts — are Class A misdemeanors, punishable by up to one year in jail and a fine of up to $6,000.¹

Federal convictions under 18 U.S.C. § 922(g) carry up to 15 years in federal prison and substantial fines.⁹ Federal prosecutors often bring these charges when there are aggravating factors, such as a firearm found during a drug arrest or a prohibited person carrying during another crime, and enhanced sentencing can push actual prison time well beyond the base penalty.

Restoring Firearm Rights

For Alabama convictions, the primary route to restoration runs through the Alabama Board of Pardons and Paroles. A pardon does not automatically restore gun rights. The Board can grant a full pardon, a pardon that restores gun rights, a pardon that excludes gun rights, or a pardon limited to licensing and bonding purposes. Applicants must specifically request that gun rights be included, and the Board can deny that portion even while granting the pardon itself.¹⁰¹¹

For federal convictions, restoration is harder. Historically the only option was a presidential pardon. Congress has authorized the ATF to process applications under 18 U.S.C. § 925(c), and the Department of Justice has published a proposed rule to implement the process, though the timeline for a final rule and an operational application system remains uncertain.¹²

For a mental health prohibition, Alabama allows reinstatement “by operation of law or legal process.” A court or appropriate authority must determine that the disqualifying condition no longer applies. Simply stopping treatment or no longer receiving services is not enough.

1
Alabama Legislature. Alabama Code 13A-11-72 – Certain Persons Forbidden to Possess Firearm
2
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
3
Justia. Alabama Code Title 30, Chapter 5 – Protection From Abuse
4
Office of the Law Revision Counsel. 21 USC 812 – Schedules of Controlled Substances
5
Alabama Legislature. Alabama Code 13A-11-76 – Delivery to Minors, Habitual Drunkards, Etc.
6
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
7
Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies
8
Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies
9
Office of the Law Revision Counsel. 18 USC 924 – Penalties
10
Alabama Bureau of Pardons and Paroles. Pardon – FAQs
11
Alabama Bureau of Pardons and Paroles. Instructions for Applying for a Pardon
12
U.S. Department of Justice. Federal Firearm Rights Restoration Under 18 U.S. Code 925(c)