The Federal Firearm Ban After a Domestic Violence Misdemeanor (18 U.S.C. 922(g)(9))

Under 18 U.S.C. 922(g)(9), a person "convicted in any court of a misdemeanor crime of domestic violence" may not possess a firearm or ammunition in or affecting commerce, ship or transport them in interstate or foreign commerce, or receive any that have moved in interstate or foreign commerce.^[1] The statute sets no period of years, which is why it is commonly called a lifetime ban, though that phrase is not in the text.^[2] More precisely, the ban has no end date unless one of the statute's own exceptions applies: the conviction is expunged, set aside or pardoned, civil rights are restored, or the person qualifies under the 5-year rule for a single conviction involving a dating partner.^[3][4]

This page explains what counts as a qualifying conviction, how the Supreme Court has read the definition, the exceptions written into the statute, and the penalty. Michigan's own, shorter ban is covered in Michigan's 8-year firearm ban.

What is a "misdemeanor crime of domestic violence"?

The definition is in 18 USC 921(a)(33)(A). The offense must be a misdemeanor under federal, state, tribal, or local law, and it must have, "as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon."^[8] It must also have been committed by a person in one of these relationships to the victim:^[8]

• A current or former spouse, parent, or guardian of the victim.^[8]
• A person with whom the victim shares a child in common.^[8]
• A person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian.^[8]
• A person similarly situated to a spouse, parent, or guardian of the victim.^[8]
• A person who has a current or recent former dating relationship with the victim, for convictions entered on or after June 25, 2022.^[8][6]

The words "convicted in any court" mean the ban is not limited to federal convictions; a Michigan district court conviction is within the phrase.^[1]

How the Supreme Court has read the definition

Three decisions make the definition broader than many people expect.

Case	Year	What the Court held
United States v Hayes	2009	The domestic relationship must be proved beyond a reasonable doubt in the firearms prosecution, but it need not be a defining element of the earlier offense.[7]
United States v Castleman	2014	Congress incorporated the common-law meaning of "force," namely offensive touching, into the definition.[9]
Voisine v United States	2016	A reckless domestic assault qualifies as a misdemeanor crime of domestic violence.[10]

Read together, these cases mean the conviction does not have to carry the word "domestic," does not have to involve an injury, and does not have to rest on intentional conduct.^[7][9][10] That matters in plea negotiations: a plea to a general assault charge can still trigger the federal ban if the complaining witness was in a covered relationship, and whether it does is a question of federal law.^[7] See plea bargains in domestic violence cases.

When a conviction does not count

Counsel and jury trial

A person is not treated as convicted unless he or she was represented by counsel in the case or knowingly and intelligently waived the right to counsel. Where the person was entitled to a jury trial in the jurisdiction, the case must have been tried by a jury or the person must have knowingly and intelligently waived a jury, "by guilty plea or otherwise."^[11]

Expungement, set-aside, pardon, restored civil rights

A person "shall not be considered to have been convicted" 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 jurisdiction provides for the loss of civil rights for such an offense), unless the pardon, expungement, or restoration expressly provides that the person may not ship, transport, possess, or receive firearms.^[3]

How the "civil rights restored" language applies to a Michigan misdemeanor is not settled. The Michigan Judicial Institute's benchbook reports two Sixth Circuit decisions on Michigan misdemeanor domestic assault that came out differently: one in 2002 treated the return of civil rights after jail as a restoration, and one in 2012 held that Michigan's 8-year concealed pistol license ineligibility restricted firearm rights enough that the federal ban still applied.^[12] Nothing in the sources reviewed for this library supports telling a reader that the federal ban ends automatically in Michigan at any point.^[12] The options are set out in can gun rights be restored? and expunging a domestic violence conviction.

Deferred cases

Federal regulations say a person is not considered convicted unless "the person is considered to have been convicted by the jurisdiction in which the proceedings were held." Michigan's deferral statute says a discharge and dismissal under MCL 769.4a is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.^[13][14] No primary source reviewed for this library applies the federal rule to a Michigan deferral specifically, including the period while probation is still running, so this page does not state a conclusion.^[13] See does a 769.4a deferral count as a conviction?

Dating partners: the 2022 change and the 5-year rule

Before June 25, 2022, a dating partner who was never a spouse, co-parent or cohabitant was outside the federal definition, a gap often called the "boyfriend loophole." The Bipartisan Safer Communities Act added "a person who has a current or recent former dating relationship with the victim," and the amendment does not apply to any conviction entered before the date of enactment.^[6]

Federal law defines a dating relationship as one between people "who have or have recently had a continuing serious relationship of a romantic or intimate nature." A casual acquaintanceship or ordinary fraternization in a business or social context is not a dating relationship.^[15] Michigan uses its own definition for its own statutes, explained in what counts as a dating relationship in Michigan.

The dating-relationship category is also the only one with a time-limited version of the federal ban. A person with not more than 1 conviction of a misdemeanor crime of domestic violence against a person in a dating relationship, who is not otherwise prohibited, is no longer disqualified once 5 years have elapsed from the later of the judgment of conviction or the completion of any custodial or supervisory sentence, provided the person "has not subsequently been convicted of another such offense," of another misdemeanor that has as an element the use or attempted use of physical force or the threatened use of a deadly weapon, or of any other offense that would disqualify the person under section 922(g).^[4] That restoration is not available to a current or former spouse, parent, or guardian of the victim, a person who shares a child with the victim, a person who lives or lived with the victim as a spouse, parent, or guardian, or a person similarly situated to a spouse, parent, or guardian of the victim.^[4]

What is the penalty?

"Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned for not more than 15 years, or both."^[5] The maximum was 10 years under 18 USC 924(a)(2) until June 25, 2022, and some reference works, including parts of the Michigan benchbook, still print the older figure.^[5]

In Rehaif v United States, the Supreme Court held that in a prosecution under section 922(g) the government must prove both that the defendant knew he possessed a firearm and that he knew he belonged to the relevant category of barred persons.^[16] That case involved a different paragraph of section 922(g), and the benchbook describes its application to paragraph (g)(9) as uncertain.^[16]

Possession under federal law is not limited to holding a gun. The Supreme Court has said that section 922(g) prevents a barred person "not only from holding his firearms himself but also from maintaining control over those guns in the hands of others."^[17] The same decision recognized that the statute does not stop a barred owner from selling or otherwise disposing of firearms, and that a court may approve a transfer to a third party when it is satisfied the owner will not retain control.^[17]

The person who supplies the gun is exposed as well. It is unlawful to sell or otherwise dispose of a firearm or ammunition to a person the transferor knows or has reasonable cause to believe has been convicted of a misdemeanor crime of domestic violence.^[18]

How the federal and Michigan bans compare

Question	Michigan law	Federal law
Where is it?	MCL 750.224f(5)[19]	18 USC 922(g)(9)[1]
How long?	8 years after fines, imprisonment and probation are completed[19][20]	No time limit in the text, apart from the 5-year dating-relationship rule[2]
Which convictions?	A list of nine Michigan offenses and corresponding laws elsewhere[21][22]	Any misdemeanor with a force element committed in a covered relationship[8]
Maximum for a violation	5 years or a $5,000 fine, or both[23]	15 years, a fine, or both[5]
On-duty exception for police?	None, according to MCOLES[24]	None; 18 USC 925(a)(1) excludes section 922(g)(9)[25]

The relationship lists are not identical. Michigan's domestic assault statute covers "a resident or former resident of the individual's household," so a Michigan conviction involving a household member such as a roommate is within Michigan's 8-year ban but may not be covered by the federal relationship list.^[26] No case applying that comparison was reviewed for this library.^[26]

Is there a federal application to get rights back?

On paper, yes. 18 USC 925(c) says a prohibited person may apply to the Attorney General for relief from federal firearm disabilities, which may be granted if the applicant "will not be likely to act in a manner dangerous to public safety" and relief "would not be contrary to the public interest."^[27] Whether that program is currently operating and accepting applications was not verified for this library, so it should not be relied on as a working remedy without checking.

Related federal bans

Section 922(g) has other paragraphs that come up in domestic cases. One applies while a person is subject to a qualifying protection order, covered in PPOs and firearms.^[28] Another applies to anyone convicted of a crime punishable by imprisonment for a term exceeding one year.^[29] Restrictions during an open case are covered in firearms while the case is pending, and the special position of officers and service members in police officers, service members and the firearm ban.