18 U.S.C. 922(g)(8) prohibits firearm and ammunition possession while a person is subject to a qualifying protective order. It does not automatically cover every temporary or civil order. The statute requires particular procedural and substantive conditions. [1]
Read the order and hearing history
The order must meet the notice and opportunity-to-participate requirements, restrain specified conduct involving an intimate partner or child, and include the required threat finding or explicit restriction on qualifying force. Definitions, including “intimate partner,” matter. [1]
For example, an order entered after notice and a hearing opportunity may present a different federal issue from an emergency order entered without that process. State firearm restrictions can still apply independently.
Rahimi did not invalidate the statute
In United States v. Rahimi, the Supreme Court rejected the facial challenge before it and recognized lawful temporary disarmament in the circumstances addressed. The decision should not be described as removing every protective-order firearm restriction. [2]
Comply while reviewing the order
Obtain the complete order, proof of service, hearing record, expiration date, and any surrender instructions. Seek advice about lawful transfer or storage rather than retaining access while disputing applicability.
Apply every condition to the current order
Check who is protected, whether the relationship meets the federal definition, whether actual notice and a hearing opportunity were provided, and which findings or force-related terms the judge included. A state’s broader protective-order terminology does not automatically expand the federal definition. Retain later modifications and expiration or dissolution orders; the operative version can matter as much as the original document. A federal violation of section 922(g) is subject to the penalty framework in section 924, including the current15-year maximum in the relevant provision, with other sentencing laws potentially affecting a qualifying case. Do not assume that a carry permit or law-enforcement employment creates a blanket exception for personal possession. Any asserted exception requires its own legal analysis, and independent state restrictions must still be checked. [1] [3]
Expiration of an order does not resolve another prohibition, such as a disqualifying conviction. See felony firearm restrictions and stolen-firearm possession for separate bases of liability.
Primary sources
Sources checked: October 31, 2026.