Map federal firearms prohibitions when a protection order is in force
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the order, record whether it followed a hearing with actual notice and an opportunity to participate, whom it protects, and whether it contains a credible-threat finding or an explicit ban on the use, attempted use, or threatened use of physical force. Do not decide that the person is prohibited from possessing a firearm.
- What the lawyer must review
- The lawyer decides whether the federal prohibition applies to this order and this person. 18 U.S.C. § 922(g)(8) makes it unlawful for a person who is subject to a qualifying court order to ship or transport a firearm or ammunition in interstate or foreign commerce, to possess a firearm or ammunition in or affecting commerce, or to receive a firearm or ammunition which has been shipped or transported in interstate or foreign commerce. The order must have been issued after a hearing of which the person received actual notice and at which the person had an opportunity to participate. It must restrain the person from harassing, stalking, or threatening an intimate partner or a child of the partner or person, or from other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child. It must also include a finding that the person is a credible threat to the physical safety of the intimate partner or child, or by its terms explicitly prohibit the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily injury. Section 922(g)(9) is the separate misdemeanor-crime-of-domestic-violence prohibition. 27 C.F.R. § 478.32(a)(8) and (a)(9) state the same two prohibitions for possession in or affecting commerce. A California domestic-violence restraining order can include an order not to have guns, firearms, ammunition, or body armor. That state order term is not itself the federal test.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.