Violations of 922(g) and (n) can have serious criminal consequences, so it is important to know what qualifies for prohibition under federal law.  References to possession include efforts to ship, transport, receive or possess firearms or ammunition.  It is worth noting that some of these prohibitions are under vigorous attack following the United States Supreme Court's decisions in Heller, Bruen and, most recently, Rahimi.

The short synopsis of the prohibitions is that they apply to an individual:

• convicted in any court of a crime punishable by imprisonment for a term exceeding one year; 
• who is a fugitive from justice;
• who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
• who has been adjudicated as a mental defective or has been committed to any mental institution;
• who is an illegal alien;
• who has been discharged from the Armed Forces under dishonorable conditions;
• who has renounced his or her United States citizenship;
• who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner;
• or who has been convicted of a misdemeanor crime of domestic violence.

18 U.S.C. § 922(n) also makes it unlawful for any person under indictment for a crime punishable by imprisonment for a term exceeding one year to ship, transport, or receive firearms or ammunition. 

In addition to proving the facts necessary to establish the prohibited status, the government must prove that the prohibited person was in possession of a qualifying firearm or ammunition and that the person knew that the person was in possession of a firearm or ammunition.  Again, to qualify, the firearm or ammunition must have traveled in or affected interstate commerce.  Basically, if the firearm or ammunition was manufactured in another state or manufactured using materials imported from another state, it will likely be treated as having traveled in interstate commerce.

Convicted Felon

A person convicted of an offense punishable by imprisonment for a term exceeding one year is generally referred to as a convicted felon.  Under current case law, it does not matter what the offense is.  This broad prohibition is under attack since there was no similar general prohibition at the time of the founding of the country or at the time of the adoption of the Fourteenth Amendment.  Laws at those times may have allowed for such forfeiture of rights in relation to violent offenses.

It does not matter what the person's actual sentence was.  In Georgia, for instance, misdemeanors have a maximum incarceration time of 12 months, and felonies have a minimum incarceration time of one year with a maximum of life in prison, except for capital offenses.  To the author's knowledge, there are no Georgia felonies with a cap of one year. Therefore,Any Georgia felony will qualify as being punishable by a term exceeding one year.  

An additional question that may arise is whether the person was convicted.  This usually occurs in the context of a first offender sentence under OCGA 16-13-2 or OCGA 42-8-60. When a case is sentenced under one of those provisions, the adjudication is withheld pending completion of the sentence.  If the sentence is successfully completed, an order of discharge and acquittal will be entered. In that situation, the sentence will not be treated as a conviction under Georgia or federal law.  If the sentence is violated as determined by the sentencing judge and the person is adjudicated guilty of the offense, that will be a conviction.  A person under this type of sentence may not possess a firearm under Georgia law while the sentence is pending.

A restoration of firearms right by the Georgia Parole Board will also clear the impediment under federal law.

Fugitive from Justice

A person who is a fugitive from justice is a prohibited person.  It is not necessary for the government to prove that the person knows that they are a fugitive from justice. The government does have to prove that the person concealed himself with the intent to avoid arrest or prosecution.

Unlawful Drug User or Drug Addict

A person who regularly and unlawfully uses any controlled substance over an extended period of time or who addicted to a controlled substance is a prohibited person.

Mental Defective or Committed to a Mental Institution

A person who has been determined to be non compos mentis or involuntarily committed to a mental institution is a prohibited person.  This generally means that there has been a state probate court process to make the determination with formal due process as required by state law.

Illegal Alien

A noncitizen of the United States of America present in the country without lawful authority will be considered a prohibited person.  There is a requirement of knowledge of that status.  

Discharged from the Armed Forces under Dishonorable Conditions

A person who has been dishonorably discharged from the United States Armed Forces is a prohibited person.

Renounced United States Citizenship

A person who renounces their citizenship in this country is a prohibited person.

Family Violence Restraining Orders

A person who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner is a prohibited person.  This one has a lot of moving pieces, so close attentions is required.  It is not required that the restraining order state that it is removing the person's gun rights.

The restraining order must be active.

The restraining order must have been entered after the person received actual notice, an opportunity to respond, and to appear in court.  An initial ex parte order is probably not sufficient to trigger this provision.

The order must restrain the person from harassing, stalking or threatening the intimate partner or that person's child or engaging in conduct that would place those persons in reasonable fear of bodily injury.

The order must include a finding that the person poses a credible threat to the physical safety of the intimate partner or that person's child.

The order explicitly prohibits the use, attempted use or threatened use of physical force against the intimate partner or that person's child.

Not all Georgia family violence protective orders will activate the prohibition. That is because Georgia has a more expansive list of people who can seek protection than is contemplated by the federal gun prohibition.  Person who can submit a petition for a family violence protective order include a past or present spouse, a person you share a child with, a parent/child, a stepparent/stepchild, a foster parent/foster children, or any other person living or formerly living in the same household.  Note that the last one has no time limitation.  I had a case several years ago involving adult siblings who had not lived in the same household in fifteen years or more but were charged under the family violence act because they had lived together as children.  The federal provision, on the other hand, is limited to orders obtained based on acts against the person's intimate partner or the child of an intimate partner.

Conviction of a Misdemeanor Crime of Domestic Violence

To qualify, a misdemeanor crime of domestic violence must be intentional.  A reckless act will not qualify.

There must be an element of force. 

The force must be exerted in the context of a domestic relationship, although the relationship does not have to be an element of the offense.  The relationship does not have to be alleged in the charging instrument.  So, when a prosecutor acts like they are doing your client a favor by pleading your client "down" from family violence battery to battery; they are not doing you any favors.  ATEF can look behind the misdemeanor battery charge and see that the alleged victim was in a domestic relationship with the defendant.

Person Under Indictment for a Felony

The GCA at 18 U.S.C. § 922(n) makes it unlawful for any person under indictment for a crime punishable by imprisonment for a term exceeding one year to ship, transport, or receive firearms or ammunition. As described in the first section, that is going to mean a felony in Georgia.