If a court issues a qualifying domestic violence restraining order against someone, federal law makes it a felony for that person to possess any firearm or ammunition for as long as the order remains in effect. The rule comes from 18 U.S.C. § 922(g)(8), and violating it carries up to 15 years in federal prison. Many states layer on stricter requirements, and the Supreme Court upheld the federal ban in 2024. The connection between restraining orders and firearms is one of the most consequential areas where civil court orders carry criminal weight.
What Makes an Order “Qualifying” Under Federal Law
Not every restraining order triggers the federal firearm ban. The statute sets three conditions, and all three have to be met.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
- The order must have been issued after a hearing where the person received actual notice and had an opportunity to participate. A temporary ex parte order issued without the respondent present does not meet this requirement by itself.
- The order must restrain the person from threatening, stalking, or harassing an intimate partner or that partner’s child, or from conduct that would put the partner in reasonable fear of bodily injury.
- The order must either include a judicial finding that the person poses a credible threat to the protected party’s physical safety, or explicitly prohibit the use or threatened use of physical force likely to cause bodily injury.
A generic no-contact order that lacks these elements does not activate the federal ban. The dangerousness element can be satisfied either by an express credible-threat finding or by prohibitive language in the order itself. One or the other has to be present.
When the order qualifies, the restriction covers every firearm and every round of ammunition the person possesses, including guns acquired before the order was issued. A single round in a glove compartment is enough to support a federal charge. The commerce element in the statute reaches virtually every commercially manufactured firearm and cartridge in the country.
Who Counts as an “Intimate Partner”
Federal law defines “intimate partner” narrowly: a current or former spouse, someone who shares a child with the person, or someone who lives or has lived with the person.2Office of the Law Revision Counsel. 18 USC 921 – Definitions A dating partner who never moved in and shares no children with the respondent falls outside that definition.
The Bipartisan Safer Communities Act expanded the ban that applies to misdemeanor domestic violence convictions to cover offenses against dating partners in a continuing serious romantic relationship.3Federal Register. Bipartisan Safer Communities Act Conforming Regulations That expansion did not carry over to the restraining order provision. So under current federal law, a protective order for a non-cohabiting dating partner does not trigger the federal gun ban, even when the court finds the respondent dangerous. Many states close this gap with broader definitions.
The Official Use Exception
The federal restraining order ban does not reach government-issued weapons used for official duties. Under 18 U.S.C. § 925(a)(1), the firearms restrictions in Chapter 44 generally do not apply to weapons issued by federal, state, or local agencies for official use.4Office of the Law Revision Counsel. 18 USC 925 – Exceptions: Relief From Disabilities Congress carved an exception into that exemption for misdemeanor domestic violence convictions, so an officer convicted of domestic assault cannot carry a duty weapon. Congress did not create the same carve-out for restraining orders.
The result is that a police officer subject to a qualifying order may still lawfully carry a service weapon on duty under federal law.5United States Department of Justice. Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence The same is true for military personnel subject to protective orders. Personally owned firearms are still prohibited. Some state laws and department policies require surrender anyway, but the federal statute itself does not.
How Firearm Surrender Works
Once a qualifying order is served, the person has to physically give up every firearm and round of ammunition they possess. Most jurisdictions require surrender to a local law enforcement agency within a short window, often 24 to 48 hours. Some courts allow transfer to a licensed dealer instead, which can preserve resale value. In certain places, transfer to a third party who does not live in the household is permitted, provided that person can legally possess firearms.
Compliance is not taken on faith. Courts generally require the respondent to file documentation listing every weapon turned over. Failure to document surrender can lead to a search warrant and forced seizure. The burden of proving compliance sits entirely with the respondent.
Storage is not always free. Law enforcement agencies in some jurisdictions charge holding fees, and licensed dealers who accept transfers typically charge monthly fees as well. If the order stays in effect for months, those costs add up, and unpaid fees can eventually lead to forfeiture or court-ordered disposal in some places.
Where State Law Goes Further
Many state laws impose firearm restrictions that reach well beyond the federal baseline. Three expansions are common.
On timing, federal law requires a full hearing before the ban attaches. A number of states apply firearm restrictions at the temporary ex parte stage, requiring surrender as soon as the emergency order is served. This reflects the judgment that the period right after a protective order is sought is often the most dangerous.
On relationships, state laws frequently extend firearm restrictions to dating partners, roommates, and other family members who fall outside the narrow federal “intimate partner” definition.
Separately, 22 states and the District of Columbia have enacted Extreme Risk Protection Orders, commonly called red flag laws. These allow courts to remove firearms from individuals who pose a risk of violence to themselves or others, without requiring any domestic relationship at all. They can typically be initiated by law enforcement or family members presenting evidence of dangerous behavior, which brings workplace threats and suicide risk inside the court’s reach.
Criminal Penalties
Possessing a firearm while subject to a qualifying restraining order is a federal felony. Under 18 U.S.C. § 924(a)(8), the maximum sentence is 15 years in federal prison.6Office of the Law Revision Counsel. 18 USC 924 – Penalties The Bipartisan Safer Communities Act raised that ceiling from the previous 10-year maximum.3Federal Register. Bipartisan Safer Communities Act Conforming Regulations Fines for a federal felony can reach $250,000 for an individual.7Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine
State consequences stack on top. Possessing a weapon in violation of a court order routinely triggers contempt charges with their own jail time and fines. Federal and state prosecutions run in parallel, not as alternatives.
A federal felony conviction also permanently disqualifies the person from possessing firearms under a separate provision of the Gun Control Act. A temporary restriction tied to a civil order becomes a lifetime ban once the person is convicted of violating it, and that permanent disability shows up on every future background check.
Getting Firearms Back After the Order Ends
When a restraining order expires or is dismissed, the firearm prohibition lifts, but recovering the actual weapons takes additional steps. The process is not automatic. In most jurisdictions, the person has to file a motion asking the court to order return of the surrendered items. The court typically schedules a hearing and notifies the original petitioner along with the agency holding the weapons.
Return is not guaranteed. If the person picked up any new disqualifying condition while the weapons were held, the court will deny the request. Common disqualifiers include a felony conviction, a new restraining order, a misdemeanor domestic violence conviction, or pending charges tied to the protected party. Any outstanding storage fees have to be paid before the weapons are released.
Delays in state court reporting can sometimes keep a lapsed order showing up on background checks after it should have cleared. If that happens, the person may need to provide proof of expiration directly to the court or the agency processing the check.
The Supreme Court’s 2024 Ruling
In June 2024, the Supreme Court upheld 18 U.S.C. § 922(g)(8) by an 8-1 vote in United States v. Rahimi.8Supreme Court of the United States. United States v. Rahimi, 602 U.S. ___ (2024) Chief Justice Roberts, writing for the majority, pointed to historical surety laws and restrictions on “going armed” as evidence that governments have long had the power to temporarily disarm individuals a court has found to threaten another person’s safety. The majority emphasized the statute’s procedural safeguards, the credible-threat finding, and the temporary nature of the restriction.
The Court was careful about what it was not deciding. It left open whether permanent disarmament, or disarmament without a judicial credible-threat finding, would survive constitutional scrutiny. Applied according to its terms, though, the federal restraining order ban now stands on firm constitutional ground.