Firearm Surrender Requirements: Federal Law, State Variations & Compliance Guide

If you’ve been ordered to surrender your firearms—or recently learned you’re a prohibited person under federal law—you’re probably looking for clear answers about what you must do, and when. The reality is more complicated than most people expect. Federal law under 18 U.S.C. § 922(g) prohibits certain categories of people from possessing firearms or ammunition, but here’s the catch: there’s no standardized federal procedure telling you exactly HOW to surrender them. That responsibility falls to state and local laws, which vary wildly.

Your facing potential penalties of up to 10 years in federal prison and a $250,000 fine for simple possession. But the law doesn’t provide a step-by-step surrender process. Some states require surrender within 72 hours; others give you 30 days. Some states mandate you use a Federal Firearms License (FFL) dealer. Others let you surrender directly to law enforcement. And virtually nobody talks about ammunition—which is also prohibited under the same federal statute.

This guide walks through who must surrender firearms under federal law, what exactly must be surrendered (it’s more than just guns), state-by-state timeline requirements, where to actually surrender firearms, whether family members can hold them for you, and the realistic chances of ever getting your firearms rights back.

We’ll also cover the situations most articles ignore: What if you live with someone who owns guns? What about firearms you inherited? What if the surrender deadline falls on a weekend when everywhere is closed?

Whether your prohibited because of a felony conviction, domestic violence restraining order, mental health adjudication, or another federal category, understanding both the federal prohibitions AND your state’s specific compliance procedures is critical. Lets dig into the details.

Who Must Surrender Firearms Under Federal Law?

The Gun Control Act, codified at 18 U.S.C. § 922(g), establishes eight categories of prohibited persons who cannot lawfully possess firearms or ammunition. If you fall into any of these categories, your already in violation of federal law just by having guns in your home—even if you owned them legally before the prohibition took affect.

Federal Prohibited Person Categories

Felony Convictions (§ 922(g)(1)): Anyone convicted of a crime punishable by imprisonment for more than one year cannot possess firearms. This applies even if you recieved probation instead of prison time. The test is whether the crime COULD have resulted in more than one year of incarceration, not whether it actually did. Federal and state felonies both count.

Important distinction: Some states classify certain offenses as felonies while other states treat identical conduct as misdemeanors. Federal law looks at the maximum possible sentence, not the state’s classification.

Domestic Violence Convictions (§ 922(g)(9)): This one confuses people because it includes both felonies AND misdemeanors. The Lautenberg Amendment added misdemeanor crimes of domestic violence to the prohibited persons list in 1996. But not every domestic violence-related charge qualifies.

To trigger the federal prohibition, the conviction must involve:

• Use or attempted use of physical force, OR
• Threatened use of a deadly weapon
• Against a current or former spouse, intimate partner, child, or person who shares a child with the defendant

Here’s where it gets tricky. Some states have domestic violence harassment or stalking statutes that don’t require physical force. Those convictions might not trigger the federal prohibition, even though they involve domestic situations. Conversely, you might have a misdemeanor assault conviction from 15 years ago that you’ve forgotten about—but if it involved a domestic partner and physical force, you’re federally prohibited.

The Supreme Court’s recent decision in United States v. Rahimi (March 2025) upheld the federal prohibition for individuals subject to domestic violence restraining orders, clarifying that temporarily disarming dangerous individuals doesn’t violate the Second Amendment as interpreted in District of Columbia v. Heller.

Mental Health Adjudications (§ 922(g)(4)): Federal law prohibits anyone who has been “adjudicated as a mental defective” or “committed to a mental institution.” These are legal terms of art that mean something very specific—and this is where misconceptions run rampant.

Voluntary mental health treatment does NOT trigger this prohibition. If you voluntarily checked yourself into a psychiatric facility, saw a therapist for depression, or took anti-anxiety medication, your not prohibited under this section. The prohibition requires formal legal adjudication by a court, board, commission, or other lawful authority.

“Adjudicated as a mental defective” means a determination by a legal authority that you are:

• A danger to yourself or others due to mental illness, OR
• Lacking the mental capacity to manage your own affairs

“Committed to a mental institution” means involuntary commitment pursuant to a court order or other legal process. A 72-hour psychiatric hold for evaluation may or may not qualify, depending on whether it was court-ordered and whether your state reports it to the National Instant Criminal Background Check System (NICS) database.

Each state has different reporting requirements. Some states report involuntary commitments to NICS; others don’t. Some report temporary holds; others only report extended commitments. This creates a patchwork where you might be prohibited under federal law but still pass a background check in some states because the adjudication was never reported.

Unlawful Drug Users (§ 922(g)(3)): Any person “who is an unlawful user of or addicted to any controlled substance” is prohibited from possessing firearms. Notice the present tense: “is an unlawful user,” not “was” or “has been.”

This prohibition is current, not permanent. If you regularly used marijuana three years ago but haven’t touched it since, you’re probably not prohibited under this section. But if you used marijuana last week—even in a state where it’s legal—you’re federally prohibited because marijuana remains a Schedule I controlled substance under federal law.

Courts have interpreted “unlawful user” broadly. Regular use within the past few months typically qualifies. One-time use probably doesn’t. But there’s no bright-line rule, and recent case law has challenged this prohibition’s constitutionality, especially in light of state marijuana legalization.

Prescription drugs create another layer of complexity. If you’re taking opioid painkillers WITH a valid prescription, you’re not an unlawful user. But if you’re taking someone else’s prescription, or taking your own prescription in a manner not directed by your doctor, that makes you an unlawful user for federal prohibition purposes.

Other Federal Prohibited Categories:

• Fugitives from Justice (§ 922(g)(2)): Anyone who has fled from any state to avoid prosecution or imprisonment. An active warrant alone doesn’t necessarily make you a fugitive—you must have crossed state lines to avoid legal process.
• Undocumented Immigrants (§ 922(g)(5)): Non-citizens who are illegally or unlawfully in the United States, or those admitted under a nonimmigrant visa (with specific exceptions for hunting and sporting purposes).
• Dishonorable Discharge (§ 922(g)(6)): Anyone dishonorably discharged from the Armed Forces. A general discharge or other than honorable discharge doesn’t trigger this prohibition—only a dishonorable discharge does.
• Renounced Citizenship (§ 922(g)(7)): Anyone who has renounced their United States citizenship. This is different from expatriation or living abroad; it requires formal renunciation.
• Restraining Orders (§ 922(g)(8)): Persons subject to a qualifying domestic violence restraining order. The order must prohibit harassment, stalking, or threatening, and must be issued after a hearing where you had an opportunity to participate. Emergency or ex parte orders issued without a hearing typically don’t qualify until the full hearing occurs.

Determining Your Status

If your not sure whether you fall into one of these categories, the consequences of guessing wrong are severe. Possessing a firearm while prohibited is a federal felony carrying up to 10 years imprisonment and a $250,000 fine. If you possess firearms in connection with another crime—say drug trafficking—you face mandatory minimum sentences that stack on top of the underlying offense (more on that later).

Court orders don’t always clearly explain your firearms prohibition status. A felony conviction judgment might not mention firearms at all, but your still prohibited. A restraining order might state “defendant shall surrender firearms” without specifying the timeline or procedure. A mental health commitment order might not reference firearms prohibitions, but they still apply if the commitment was involuntary.

What Exactly Must Be Surrendered?

When most people think “firearm surrender,” they think about registered handguns and rifles. But federal law prohibits possession of both firearms AND ammunition—and ammunition is the detail that trips up nearly everyone.

Firearms (All Types)

Under federal law, a “firearm” includes:

• Handguns (pistols and revolvers)
• Rifles and shotguns
• Modern sporting rifles (often mislabeled “assault weapons”)
• Antique firearms manufactured before 1898 (sometimes exempted, sometimes not—check state law)
• Any weapon that will or is designed to expel a projectile by means of an explosive

It doesn’t matter whether the firearm is registered to you. If its in your possession or control, you’re in violation. That includes:

• Guns you purchased legally years ago
• Inherited firearms from a deceased relative
• Firearms gifted to you by family or friends
• Guns stored at a friend’s house but still owned by you
• Firearms in your vehicle, safe deposit box, or storage unit

The Ammunition Blind Spot

Here’s what nearly every article and most attorneys forget to mention: 18 U.S.C. § 922(g) prohibits possession of “firearms or ammunition.” That single word—ammunition—catches more people in violations than almost anything else.

You can meticulously surrender every gun you own and still be in federal violation if you’ve got a box of .22 shells in your garage. Federal prosecutors can and do charge ammunition-only violations. In fact, ammunition possession is often easier to prove than firearm possession because people forget about it.

Ammunition hides in surprising places:

• Range bags in the closet
• Tackle boxes (shotgun shells for bird hunting)
• Vehicle glove compartments and center consoles
• Gun safes (even after firearms are removed)
• Workbenches and garage shelves
• Storage units
• Jacket pockets and backpacks
• Dresser drawers

When you inventory firearms for surrender, you need to simultaneously inventory ALL ammunition. Every caliber. Every location. One overlooked box is a federal felony.

Firearm Parts and Components

The recent Supreme Court decision in Bondi v. VanDerStok (March 2025) upheld an ATF rule that classifies certain weapon parts kits and unfinished receivers as firearms. This means:

• “Ghost gun” kits: Unfinished frames or receivers that can readily be converted to functional firearms
• 80% lowers: Partially completed firearm frames that require additional machining
• Weapon parts kits: Collections of parts that can be assembled into a firearm

State laws vary on whether individual firearm components (slides, barrels, triggers) count as firearms. The federal definition focuses on the frame or receiver—the part with the serial number that’s legally considered “the gun.” But err on the side of caution: if it looks like it could be a gun part, include it in your surrender inventory.

High-Capacity Magazines

Federal law doesn’t specifically prohibit high-capacity magazines for prohibited persons, but many state laws do. If your state bans magazines over a certain capacity (10 rounds in California, for example), those must be surrendered along with firearms. Even if your state allows high-capacity magazines, surrendering them with your firearms simplifies the process and eliminates any argument about constructive possession.

Complete Surrender Checklist

Before you consider yourself in compliance, verify you’ve addressed ALL of the following:

• ☐ All registered firearms in your name
• ☐ Unregistered firearms you possess (inheritance, gifts, private sales)
• ☐ Firearms stored outside your home (friends, storage, vehicles)
• ☐ ALL ammunition of every caliber
• ☐ Ammunition in non-obvious locations (vehicles, bags, jackets)
• ☐ High-capacity magazines (if required by state law)
• ☐ Gun parts kits or 80% receivers
• ☐ Unfinished frames or receivers
• ☐ Any firearm-related items your state specifically prohibits

Missing even one item means you’re in continued violation. A prosecutor won’t care that you surrendered 10 guns if they find one box of ammo in your truck.

Surrender Timelines: State-by-State Reality

Federal law creates the prohibition. State law creates the surrender timeline. And this is where the system breaks down into practical impossibility for many people.

The 72-Hour Trap

Some states—Nevada, for instance—require firearm surrender within 72 hours of a restraining order being issued. On paper, 72 hours seems reasonable. In practice, it’s often impossible.

Here’s a common scenario. A court issues a domestic violence restraining order on Friday at 4:00 PM. You have until Monday at 4:00 PM to comply (72 hours). But where do you surrender firearms on a weekend?

• The sheriff’s evidence room? Closed weekends.
• A local FFL dealer? Most close at 6 PM Friday, closed Sunday.
• The police station? Front desk doesn’t accept firearm surrenders; you need the evidence division.
• Transfer to a family member? In states like California, that requires FFL processing—which requires an FFL dealer that’s open.

You can see the problem. The legal obligation is clear: 72 hours. The practical ability to comply? Non-existent if you get served Friday afternoon in many jurisdictions.

This isn’t a theoretical problem—it’s the most common timeline trap people face. Courts issue protection orders at the end of the business week. Law enforcement facilities keep bankers hours. The deadlines don’t align with access to compliance.

State-Specific Timelines

Here’s how timelines vary by state (sampling of major jurisdictions):

Note that these timelines apply primarily to restraining orders. Felony convictions and other prohibitions may have different timelines—or in many states, no specified timeline at all beyond “immediately” or “forthwith.”

When Does the Clock Start?

Timeline ambiguity creates additional problems. Is it 72 hours from:

• When the order was issued by the court?
• When you were personally served with the order?
• When you received actual notice (even if not formally served)?
• When the order becomes effective (which might be after a hearing)?

Most states calculate from personal service or actual notice, but the statutes aren’t always clear. If you recieved a restraining order Thursday night but weren’t formally served until Friday morning, when does your 72-hour clock start? The answer varies by jurisdiction.

Weekends, Holidays, and After-Hours

Very few states specifically account for weekends and holidays in their surrender timelines. If your 72-hour deadline expires on Sunday, and every surrender facility is closed, what are you supposed to do?

Strategies that sometimes work:

• Call ahead: Some law enforcement agencies will make special arrangements for weekend surrenders if you call and explain the timing.
• File for extension: Some courts will grant a brief extension if you can show that compliance was impossible through no fault of your own (all facilities closed).
• Document attempts: If you tried to comply but couldn’t find an open facility, document those attempts (call logs, emails, etc.) to show good faith effort.
• FFL dealer networks: Some FFL dealers specifically advertise weekend and evening availability for emergency transfers.

None of these strategies guarantee you’ll avoid violation charges, but they’re better than doing nothing.

Proof of Compliance Timing

In many jurisdictions, surrendering the firearms is only step one. You also must file proof of surrender with the court within a specified timeframe—often within 48 to 72 hours of the surrender, or within a certain period after the order was issued.

This creates a secondary timeline trap. You surrender firearms on Friday (barely making the 72-hour deadline), but the court clerk’s office is closed over the weekend, and you can’t file your proof of compliance until Monday. Have you violated the order by failing to timely file proof? Again, it depends on your jurisdiction’s specific requirements.

Where to Surrender Firearms: Practical Locations and Procedures

You know you need to surrender firearms. But where, exactly? The answer depends on your state, your county, and sometimes even which city you live in.

Law Enforcement Agencies

In most states, the primary surrender option is your local law enforcement agency—sheriff’s department, police department, or in some states, state police.

Typical Procedure:

1. Call ahead: Do NOT just show up at the police station with guns. Call the non-emergency number and explain that you need to surrender firearms pursuant to a court order (or federal prohibition). Ask about their specific procedures.
2. Ask about evidence division hours: The front desk usually can’t accept firearms. You need the evidence room or property division, which often has limited hours (M-F 9:00-4:00 is common).
3. Gather documentation: Bring photo ID, a copy of the court order (if applicable), and any firearm registration documents you have.
4. Transport safely: Firearms must be unloaded and cased during transport. Ammunition should be in a separate container. Check your state’s vehicle transport laws.
5. Obtain detailed receipt: The evidence room should provide a receipt listing every firearm and the serial numbers. Keep multiple copies. This is your proof of compliance.
6. Ask about retrieval procedure: If your prohibition is temporary (restraining order that might expire), ask about the process for retrieving firearms if/when you’re legally allowed to possess them again.

Common Problems:

• Evidence rooms at capacity, refusing additional firearm storage
• Jurisdictions that don’t accept firearm surrenders (increasingly rare but happens in small departments)
• Long wait times (you might sit in a waiting room for hours)
• Staff unfamiliar with surrender procedures, giving incorrect information

Federal Firearms License (FFL) Dealers

Some states require or allow surrender through FFL dealers. California requires almost all firearm transfers go through an FFL, including surrenders. Other states give you the option to transfer firearms to an FFL dealer who will hold them for you or facilitate transfer to an eligible third party.

Advantages of FFL Surrender:

• Firearms can be transferred to eligible family member (in one transaction)
• Dealer may offer consignment sale (converting firearms to cash rather than losing them)
• More flexible hours than law enforcement evidence rooms (some dealers open evenings/Saturdays)
• Proper documentation and background check compliance built into process

Disadvantages:

• Costs money (transfer fees typically $25-$100 per firearm)
• Not all FFL dealers will accept surrenders from prohibited persons (its legal but some decline)
• Takes longer than law enforcement surrender (background check waiting periods for transferee)
• You need to find an eligible transferee (family member or buyer who passes background check)

FFL Surrender Procedure:

1. Find a willing FFL dealer: Call several; not all will accept prohibited person transfers.
2. Identify transferee: Who will receive the firearms? Must be someone legally eligible to possess firearms.
3. Complete transfer paperwork: FFL will process ATF Form 4473 for the transferee.
4. Pay transfer fees: Costs vary; ask upfront.
5. Obtain receipt: Get documentation showing you’ve relinquished possession.
6. File proof with court (if required): FFL transfer receipt may need to be filed with the court that issued your prohibition order.

Court-Designated Facilities

Some jurisdictions designate specific facilities for firearm surrenders. These might be:

• County sheriff designated storage facilities
• Court security offices (in courthouse buildings)
• Specialized domestic violence units within law enforcement agencies
• Third-party storage facilities contracted by the county

If your court order specifies a surrender location, you must use that location. Using a different facility—even another law enforcement agency—might not satisfy the court order.

Out-of-State Firearms

What if you own firearms in multiple states? A common scenario: You live in Nevada but inherited guns in Ohio that are stored at your parent’s home. Your Nevada restraining order requires surrender of “all firearms.” Does that include the Ohio guns?

Technically, yes. Federal prohibition applies nationwide. Practically, this gets complicated:

• You can’t legally possess the Ohio firearms to transport them to Nevada for surrender
• You might need to arrange for a third party to retrieve them
• Selling or transferring them to an eligible person in Ohio may be the solution
• FFL dealer-to-dealer transfers can move firearms between states without your physical possession

Document everything. Keep records of out-of-state surrenders or transfers. You may need to prove to your local court that you’ve addressed firearms in other states.

Can Someone Else Hold My Guns? Third-Party Transfer Rules

The most common question people ask: “Can I just have my dad/brother/wife hold my guns until this is over?” The answer is complicated and varies dramatically by state.

The Third-Party Transfer Minefield

Transferring firearms to a family member or friend seems like a simple workaround. You’re not surrendering to law enforcement (where you might never see them again), and you’re not selling valuable property. You’re just having someone safe keep them temporarily. But state laws create a minefield of potential violations.

California Approach: FFL Required for ALL Transfers

California requires virtually all firearm transfers go through a licensed FFL dealer, even between family members. Limited exceptions exist (parent-to-child, grandparent-to-grandchild), but transfers to siblings, friends, or even spouses generally require FFL processing.

If you attempt a direct “here, hold these for me” transfer to your brother in California without FFL processing, both of you have committed felonies. The prohibited person (you) illegally transferred firearms, and your brother illegally acquired firearms without the required background check and registration.

Texas Approach: Direct Family Transfers Allowed (Usually)

Texas law generally allows direct transfers between family members without FFL involvement. But there’s a major catch: If you KNOW you’re prohibited from possessing firearms, transferring them might still be illegal, depending on whether prosecutors view it as a straw transfer or attempt to maintain constructive possession.

Other States: Varies Wildly

State approaches range from:

• Universal background checks (requiring FFL for all transfers)
• Family member exemptions (allowing direct transfers to close relatives)
• Private sale allowances (no FFL required for any private transactions)
• Specific prohibitions on transfers by prohibited persons

You cannot assume that because something is legal in Texas, its legal in New York. You absolutely must verify your specific state’s transfer requirements.

The Constructive Possession Problem

Even if you legally transfer firearms to a family member, you might still be in violation under the doctrine of “constructive possession.” This is the trap that catches many people who think they’ve complied.

Constructive possession means you don’t have to be physically holding a firearm to “possess” it under the law. If you have the ability to exercise dominion and control over the firearm—even if it’s not in your hands—that can constitute possession.

Scenarios That Create Constructive Possession Risk:

Scenario 1: Shared Home
You transfer your guns to your spouse, who keeps them in the bedroom closet safe. You live in the same house. You know the safe combination. Even though the guns are legally owned by your spouse, you have access and control. That’s likely constructive possession.

Scenario 2: Stored at Parents’ House
You transfer guns to your parents, who store them in their garage. You visit regularly. You have a garage door code. You know where the guns are stored. Prosecutors could argue you maintained access and control.

Scenario 3: “Temporary” Transfer to Friend
You transfer guns to your friend, who agrees to “hold them” until your prohibition expires. You stay in contact with the friend. You discuss the guns. You visit the guns. The arrangement looks less like a genuine transfer and more like prohibited storage—constructive possession.

Scenarios That Likely Avoid Constructive Possession:

Scenario 1: Spouse with Separate Storage
Your spouse keeps firearms in a locked safe at their separate office or in a separate residence. You don’t have the combination. You don’t have access to the location. The firearms are genuinely outside your control.

Scenario 2: True Sale to Third Party
You sell firearms to a third party through an FFL dealer. Money changes hands. You have no ongoing relationship with the buyer. You have no idea where the firearms are stored. No constructive possession.

Scenario 3: Transfer to Parent in Another State
You transfer firearms to your father who lives across the country. The transfer is processed through FFL dealers. You don’t visit his home. You have no access to his gun safe. Genuine relinquishment of control.

The test is whether you’ve genuinely relinquished all dominion and control, or whether you’ve maintained access and the ability to use the firearms. Courts look at:

• Physical proximity (same household vs separate states)
• Access (Do you have keys, codes, combinations?)
• Knowledge of location (Do you know exactly where the guns are?)
• Relationship with transferee (Spouse vs stranger)
• Ongoing involvement (Do you discuss the guns, visit them, maintain them?)

Proper Third-Party Transfer Procedures

If your going to transfer firearms to a third party, here’s how to minimize legal risk:

Step 1: Verify State Requirements
Determine whether your state requires FFL processing for the type of transfer you’re planning. Don’t guess. Check your state’s specific statutes or consult an attorney.

Step 2: Choose an Eligible Transferee
The person receiving your firearms must be legally eligible to possess them. They cannot:

• Fall into any prohibited person category
• Live in a state where they’re not legally allowed to possess the firearms
• Be under 18 (federal law) or under your state’s minimum age

Step 3: Complete Transfer Through FFL (If Required)
If your state requires FFL processing:

• Find an FFL dealer willing to process the transfer (call ahead)
• You and the transferee go to the dealer together (or you ship firearms to the dealer)
• Transferee completes ATF Form 4473 and background check
• Pay transfer fees
• Transferee takes possession after background check clears
• Obtain receipt showing you’ve relinquished possession

Step 4: Document Direct Transfer (If Allowed)
If your state allows direct private transfers without FFL, create documentation:

• Written bill of sale listing each firearm and serial number
• Signed by both parties
• Dated
• Notarized (not required but recommended)
• Keep copies indefinitely

Step 5: Ensure Genuine Relinquishment
To avoid constructive possession:

• Don’t maintain access to the firearms
• Don’t keep keys/combinations to where they’re stored
• Ideally, don’t know the specific storage location
• Don’t live in the same household (if possible)
• Make the transfer permanent, not “temporary until the prohibition ends”

Step 6: File Proof with Court (If Required)
If you’re complying with a court order, you may need to file proof of the transfer with the court within a specified timeframe. The FFL transfer receipt or your bill of sale serves as that proof.

What About Selling Firearms?

Instead of transferring to family, some people sell their firearms. This can be done through:

• FFL Dealer Purchase: Some gun shops will buy firearms outright. You get fair market value (usually 50-70% of retail), and you’re completely divested. The dealer takes possession, processes the transfer, and your no longer connected to the firearms.
• FFL Dealer Consignment: The dealer sells your firearms on consignment, typically taking a 15-25% commission. You get closer to retail value, but the process takes longer. Make sure the consignment agreement specifies that you’ve relinquished possession—you can’t maintain legal ownership during consignment if you’re prohibited.
• Private Sale Through FFL: In states that allow it, you can find a private buyer and complete the transaction through an FFL dealer. This gives you maximum value but requires more effort.

The advantage of selling is finality. You’ve converted firearms to cash, and there’s no question about constructive possession. The disadvantage is permanent loss—if your prohibition is temporary and eventually expires, you don’t get those specific firearms back.

Living with Gun Owners When You’re Prohibited: Household Firearms

What if you surrender all YOUR firearms, but you live with someone who owns guns? Can you remain in the same household? The answer is complicated and fraught with risk.

Constructive Possession in Shared Households

As discussed earlier, constructive possession is the legal doctrine that you can “possess” a firearm without physically holding it if you have the ability to exercise control over it. Shared households create continuous exposure to constructive possession liability.

High-Risk Household Scenarios:

Bedroom Nightstand Gun: Your spouse keeps a handgun in the nightstand on their side of the bed. You share the bedroom. You know the gun is there. Even though the gun belongs to your spouse, prosecutors can argue you have immediate access and control. That’s constructive possession.

Kitchen Gun: Your roommate keeps a firearm in a kitchen drawer “for home defense.” You live in the same apartment. You have access to the kitchen. You could open that drawer at any time. Constructive possession risk.

Shared Gun Safe: Your partner owns firearms stored in a gun safe. The safe is in your shared home. Your partner told you the combination “in case of emergency.” You have access. Constructive possession.

Lower-Risk Household Scenarios:

Locked Safe, No Access: Your spouse keeps firearms in a locked safe bolted to the floor of their home office. You don’t have the combination. You don’t have a key. You’ve never opened the safe. Your spouse has exclusive control. Lower (but not zero) constructive possession risk.

Locked Room, No Access: Your parent owns firearms stored in a locked bedroom in their house where you also live. You don’t have a key to that room. You’re instructed never to enter. The firearms are secured separately from your living spaces. Lower risk.

Seperate Residence: Your partner owns firearms, but they maintain a separate residence where the firearms are stored. You don’t live there. You don’t have a key. You don’t have access. Minimal constructive possession risk.

Federal Case Law on Household Firearms

Federal courts have prosecuted prohibited persons for constructive possession based on household firearms. The typical analysis considers:

• Proximity: How close are the firearms to the prohibited person’s living spaces?
• Access: Does the prohibited person have the ability to access the firearms?
• Knowledge: Does the prohibited person know where the firearms are located?
• Control: Could the prohibited person exercise dominion over the firearms?

Courts have upheld convictions where:

• Firearms were in a shared bedroom closet
• Firearms were in a living room gun cabinet in a shared home
• Prohibited person knew safe combination even though guns “belonged” to spouse
• Firearms were in prohibited person’s vehicle (even if “belonging” to someone else)

The prosecution doesn’t need to prove you actually touched the firearms. They just need to prove you had the ability to exercise control over them.

Recommendations for Shared Households

If you’re prohibited from possessing firearms and you live with someone who owns guns, you have several options—none perfect:

Option 1: Gun Owner Removes Firearms
The safest approach is for the gun-owning household member to store their firearms elsewhere entirely. This could be:

• Storage at a family member’s home in another location
• Safe deposit box (though many banks prohibit firearms)
• Gun range locker rental
• Commercial gun storage facility (if available in your area)

This eliminates constructive possession risk entirely but requires the gun owner to give up home access to their firearms.

Option 2: Seperate Residences
If feasible, maintaining separate residences eliminates the problem. The gun owner lives at Address A with their firearms. The prohibited person lives at Address B. No shared access, no constructive possession.

This obviously isn’t practical for married couples or others in committed relationships, and it’s expensive. But it’s the only way to guarantee both that the gun owner retains their firearms rights AND the prohibited person faces no constructive possession risk.

Option 3: Extreme Security Measures
If firearms must remain in a shared household, take extreme security measures:

• Firearms in biometric safe (fingerprint access for gun owner only)
• Safe bolted in locked room
• Prohibited person never has key or combination
• Prohibited person avoids the room where firearms are stored
• Written documentation of security arrangement
• Prohibited person never handles, discusses, or acknowledges the firearms

This reduces risk but doesn’t eliminate it. An aggressive prosecutor could still argue proximity and knowledge create constructive possession. But it’s better than firearms in a shared bedroom nightstand.

Option 4: Legal Separation/Divorce (Extreme)
Some couples facing this situation opt for legal separation or divorce to establish separate legal households, even if they continue living together or maintaining a relationship. This is obviously an extreme step with significant legal, financial, and personal consequences. But it’s happened in cases where firearm ownership was a core issue.

What If Police Search Your Home?

If law enforcement searches your shared residence and finds firearms, you face immediate arrest risk even if the guns belong to your spouse/roommate. The burden will be on you to prove:

• The firearms belong to someone else
• You didn’t have access to them
• You didn’t know exactly where they were
• You couldn’t exercise control over them

These are affirmative defenses—meaning you’re fighting charges after the fact. Prevention is far better than defense. If you’re prohibited, the safest approach is no firearms in your residence, period.

Consequences of Non-Compliance: Federal and State Penalties

Understanding the penalties for failing to surrender firearms helps explain why compliance is critical—and why the stakes are so high.

Federal Penalties Under 18 U.S.C. § 922(g)

Possessing a firearm or ammunition while prohibited under federal law is a felony carrying:

• Prison: Up to 10 years in federal prison
• Fine: Up to $250,000
• Supervised Release: Typically 3 years of supervised release after prison
• Federal Felony Conviction: Permanent federal felony record

The actual sentence depends on your criminal history, the circumstances of the offense, and the federal sentencing guidelines. First-time offenders with no aggravating factors might receive probation or minimal prison time. But the statutory maximum is 10 years, and judges can impose it.

Federal sentencing guidelines increase penalties based on:

• Number of firearms possessed
• Type of firearms (machine guns, stolen firearms, etc.)
• Whether firearms were loaded
• Whether ammunition was possessed along with firearms
• Your prior criminal history
• Whether you obstructed justice (lied to police, destroyed evidence)

Enhanced Penalties Under 18 U.S.C. § 924(c)

This is where penalties get truly severe. Section 924(c) imposes mandatory minimum sentences for possessing, using, or carrying a firearm “during and in relation to” a crime of violence or drug trafficking crime.

The mandatory minimums are:

• Basic possession: 5 years (first offense)
• Brandishing: 7 years
• Discharging: 10 years
• Machine gun or destructive device: 30 years
• Second § 924(c) violation: 25 years

Here’s the critical part: These sentences run CONSECUTIVELY to the underlying offense. That means if you’re convicted of drug trafficking (say, 5 years) and you possessed a firearm during the offense (§ 924(c), 5 years mandatory), you’re serving 10 years minimum. The judge has no discretion to run the sentences concurrently or reduce them below the mandatory minimum.

The Stacking Problem:

It gets worse. If you’re charged with multiple § 924(c) violations in the same case, they stack. First gun: 5 years. Second gun: 25 years. Third gun: 25 years. You can see how someone facing drug charges with multiple firearms in their home can be looking at 50+ years of mandatory prison time that the judge cannot reduce.

Real-World Example:

Defendant charged with methamphetamine trafficking. Police search reveals 3 firearms in the house. Defendant convicted of:

• Drug trafficking: 8 years under guidelines
• First § 924(c) violation: 5 years mandatory
• Second § 924(c) violation: 25 years mandatory
• Third § 924(c) violation: 25 years mandatory

Total sentence: 63 years. The drug trafficking alone might have resulted in 5-8 years. The firearms increased the sentence by 55 years of mandatory minimums the judge couldn’t reduce.

This is why failing to surrender firearms when you’re already prohibited is so dangerous. If you’re facing any other criminal charges—particularly drug charges—and firearms are present, the penalties multiply exponentially.

State Penalties

States have their own prohibited person statutes, and you can be prosecuted under both federal and state law for the same conduct. State penalties vary widely:

• California: Possessing a firearm while prohibited is a felony carrying 16 months to 3 years in state prison. Additional enhancements apply if the firearm was loaded or if you have prior convictions.
• Texas: Unlawful possession of a firearm by a felon is a third-degree felony punishable by 2-10 years in state prison and up to $10,000 fine.
• New York: Criminal possession of a firearm is a class E felony carrying up to 4 years in state prison. Aggravated circumstances can elevate it to a class C violent felony with a mandatory minimum of 3.5 years.
• Florida: Possession of a firearm by a convicted felon is a second-degree felony carrying up to 15 years in state prison and a $10,000 fine. Florida’s 10-20-Life law can add mandatory minimums if the firearm was possessed during certain crimes.

Contempt of Court

If you’re ordered by a court to surrender firearms and you don’t comply, you can also be charged with contempt of court. This is in addition to the criminal penalties for illegal possession.

Contempt can result in:

• Immediate arrest and jailing
• Additional fines
• Additional criminal charges (criminal contempt vs civil contempt)
• Compounding of other penalties

Some judges take firearm surrender orders very seriously, especially in domestic violence contexts. Failing to comply can result in immediate incarceration even before you’re convicted of the underlying possession offense.

Collateral Consequences

Beyond prison and fines, a federal or state felony conviction for illegal firearm possession creates lifetime consequences:

• Permanent prohibition: A felon in possession conviction makes you permanently prohibited from firearm possession in the future. Even if your original prohibition was temporary (restraining order), the new conviction makes it permanent.
• Employment: Felony record limits employment opportunities, particularly in fields requiring background checks or security clearances.
• Housing: Landlords can deny housing based on felony convictions.
• Voting: Many states restrict voting rights for felons.
• Professional licenses: Doctors, lawyers, teachers, and other licensed professionals can lose their licenses due to felony convictions.
• Immigration: For non-citizens, a firearm conviction can result in deportation and permanent bar from reentry.
• Federal benefits: Certain federal benefits and student loans can be restricted or terminated.

Rights Restoration: Can You Ever Get Your Firearms Back?

This is one of the most common questions, and the answer is brutally honest: For most people, federal firearm prohibitions are permanent, with no realistic path to restoration.

The Federal Rights Restoration Dead End

Federal law technically provides a mechanism for prohibited persons to apply for “relief from disability” through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). But here’s the catch that almost no one tells you: Congress has defunded the ATF program that processes these applications every year since 1992.

Let me repeat that: The application process has been non-functional for more than 30 years.

The ATF cannot process relief applications because Congress has explicitly prohibited them from spending any funds on it. If you submit an application, the ATF will send you a letter explaining they cannot process it due to the funding prohibition. Your application sits in limbo indefinitely.

For practical purposes, there is no federal rights restoration mechanism for most prohibited persons.

Presidential Pardon: The Only Federal Option

The only way to remove a federal firearms prohibition is through a presidential pardon. And presidential pardons are extraordinarily rare, typically reserved for:

• High-profile cases with significant political or public interest
• Cases involving clemency for aging prisoners
• Wrongful convictions later exonerated
• Individuals with extraordinary post-conviction rehabilitation

If you’re an average person convicted of a felony or subject to a domestic violence restraining order, a presidential pardon is functionally impossible. Presidents issue fewer than 100 pardons per year (often far fewer), and tens of thousands apply.

State Rights Restoration: Sometimes, Maybe

Some states have restoration procedures for state-level prohibitions. But state restoration doesn’t necessarily remove federal prohibitions—and this is where it gets very complicated.

Federal law contains a provision that if a state restores your civil rights, including firearm rights, the federal prohibition may be lifted. But the state restoration must be complete—meaning:

• Your voting rights are restored
• Your right to hold public office is restored
• Your firearm rights are specifically restored

Some states automatically restore voting rights after completion of sentence, but they DON’T restore firearm rights. In those states, the federal prohibition remains even after your state rights are restored, because the restoration wasn’t complete.

State Restoration Examples:

Georgia: First-time offenders can apply for a pardon after completing their sentence. If the pardon is granted, firearm rights may be restored. But the pardon process takes years, and grants are discretionary.

Minnesota: Convicted felons can petition the court for restoration of firearm rights after completing their sentence. If granted by the court, the restoration may lift the federal prohibition (but this is subject to ATF interpretation).

Ohio: Relief from disability can be obtained through court petition. If granted, it may remove the federal prohibition for that specific offense.

California: Very limited restoration options. Certain misdemeanors can be expunged, but felony expungement doesn’t restore firearm rights. Pardons are rare and discretionary.

The problem is that every state is different, and the interaction between state restoration and federal prohibition is murky. Even if you successfully restore your rights under state law, the ATF (which processes background checks) may not recognize the restoration for federal purposes.

Expungement vs. Restoration

Many people confuse expungement with rights restoration. They’re different:

Expungement: Sealing or destroying criminal records so that the conviction doesn’t appear on background checks for employment, housing, etc.

Rights Restoration: Restoring civil rights, including firearm rights, that were lost due to a conviction.

You can have your conviction expunged for state purposes (allowing you to answer “no” when employers ask about criminal history), but still be federally prohibited from possessing firearms. The ATF background check database doesn’t rely solely on state records—it includes federal records that aren’t affected by state expungement.

Prohibition-Specific Restoration Prospects

Different types of prohibitions have different restoration prospects:

Felony Convictions: Generally permanent under federal law. State restoration is possible in some states but doesn’t always lift federal prohibition. Presidential pardon is theoretically possible but functionally unobtainable for most people.

Domestic Violence Misdemeanors: Permanent under federal law. Very difficult to restore. Some states don’t have any restoration mechanism for domestic violence convictions. Even expungement often doesn’t remove the prohibition.

Mental Health Adjudications: More restoration options than other prohibitions. Some states have specific procedures for removing mental health prohibitions after demonstrating recovery and stability. The NICS Improvement Amendments Act of 2007 encouraged states to create relief mechanisms for mental health prohibitions. But it’s still state-specific and requires legal proceedings.

Drug User Prohibition: This is present-tense, so if you stop using drugs, you’re no longer prohibited—in theory. But proving you’re no longer a “current user” can be difficult, and any subsequent drug use reinstates the prohibition.

Restraining Orders: Temporary prohibition. Once the restraining order expires or is terminated, the prohibition ends (assuming no other prohibiting factors). But violating the restraining order can result in contempt and criminal charges that create permanent prohibitions.

Dishonorable Discharge: Generally permanent. Military discharge characterization is very difficult to change, and there’s no clear path to removing the firearm prohibition that results from it.

Realistic Expectations

If you’re prohibited under federal law, you should assume the prohibition is permanent unless you have specific information otherwise. Don’t plan on getting your firearms back. Don’t hold onto firearms hoping the prohibition will be lifted. Don’t refuse to comply because you think you’ll eventually regain your rights.

For the vast majority of prohibited persons:

• Federal rights restoration is unavailable (defunded since 1992)
• Presidential pardon is functionally impossible
• State restoration may be available but often doesn’t lift federal prohibition
• The prohibition is lifetime

This is harsh, but it’s the reality. The law creates prohibitions but provides almost no mechanism to remove them. If you surrender firearms expecting to get them back in a few years, you’re likely to be disappointed.

Special Situations and Less Common Scenarios

Most articles cover the basics. These are the edge cases that still affect real people:

Inherited Firearms

You’re prohibited from possessing firearms. Your father passes away, and his will leaves you his gun collection. What do you do?

As the executor of the estate (or a beneficiary), you cannot take possession of the inherited firearms. But you have options:

• Transfer to eligible family member: Work with the probate attorney to transfer the firearms directly to another family member who’s legally eligible to possess them. You never take possession; the transfer goes straight from the estate to the eligible recipient.
• Sell through FFL dealer: The estate can sell the firearms through an FFL dealer. You (as executor) facilitate the sale but never take physical possession. The cash proceeds go to you or the estate.
• Disclaim the inheritance: You can formally disclaim the firearm portion of the inheritance. The firearms then pass to the next beneficiary under the will (or under intestacy laws if there’s no will). This avoids any possession issue.

What you absolutely cannot do: Take possession of the inherited firearms, even temporarily. “I’m just holding them until I figure out what to do with them” is a federal felony. Work with the probate attorney and an FFL dealer to handle the transfer without you ever possessing the firearms.

Multi-State Firearm Ownership

You own firearms in three states. You get a restraining order in your home state. Does the surrender requirement apply to firearms in other states?

Yes. Federal prohibition applies nationwide. If your prohibited from possessing firearms, that prohibition isn’t limited to firearms in your home state.

Practically, this creates challenges:

• You can’t travel to the other states to retrieve the firearms (you’d be in possession during transport)
• You need to arrange for someone else to retrieve them or transfer them
• FFL dealer-to-dealer transfers can move firearms between states without your physical possession
• You might need to sell or transfer firearms remotely

Document everything. If you have firearms in other states, proactively address them. Don’t wait for your local court or prosecutor to ask. Have a plan for out-of-state firearms before you surrender local ones.

“I Don’t Have the Firearms Anymore”

A common situation: You’re ordered to surrender firearms, but you sold them or transferred them years ago. You don’t currently possess any firearms. What do you do?

You still need to respond to the court order or comply with the prohibition. But instead of surrendering firearms, you provide documentation that you don’t possess any:

• Bills of sale showing prior transfer or sale
• FFL transfer records
• Affidavit stating you don’t possess any firearms or ammunition
• Supporting documentation (police reports if firearms were stolen, etc.)

Do not simply ignore the order because you don’t have firearms. File a response with the court explaining your situation and providing proof. Otherwise, you could be held in contempt for failure to comply.

And be prepared for skepticism. “I sold them to some guy for cash years ago and don’t have any records” is a common (and often truthful) explanation, but it’s also a common lie. If you genuinely don’t have firearms but can’t prove it, you may face additional scrutiny.

Temporary vs. Permanent Prohibitions

Some prohibitions are temporary (restraining orders that expire after 1-3 years). Others are permanent (felony convictions). The surrender and storage procedures differ:

Temporary Prohibitions:
If your prohibition is temporary, you might want to arrange storage rather than permanent surrender:

• FFL dealer holds firearms for duration of prohibition (for a fee)
• Law enforcement stores firearms with retrieval option
• Eligible family member holds firearms with understanding they’ll be returned when prohibition expires

When the prohibition expires, you can retrieve the firearms (assuming you’re otherwise eligible). But verify the prohibition has actually ended:

• Obtain a certified copy of the order terminating the restraining order
• Check that no other prohibitions have arisen in the meantime (new criminal charges, etc.)
• Confirm with the storing entity that you’re eligible for return

Permanent Prohibitions:
If your prohibition is permanent (felony conviction, domestic violence conviction), you should plan for permanent divestiture:

• Sell firearms through FFL dealer or to private buyers
• Gift/transfer firearms to eligible family members
• Surrender firearms to law enforcement for destruction

Don’t pay for long-term storage if you’re never getting the firearms back. Convert them to cash or transfer them to family members who can legally possess them.

Firearms in Vehicles

Don’t forget about firearms you keep in vehicles. This is a common oversight:

• Handgun in the glove compartment
• Rifle in a truck gun rack
• Shotgun in the trunk for hunting
• Firearm in an RV or boat

These must be surrendered just like firearms in your home. And if police find a firearm in your vehicle after you’ve been prohibited, “I forgot it was there” is not a defense. Its still a federal felony.

Practical Compliance: Step-by-Step Action Plan

You understand the law. Now what do you actually DO? Here’s a step-by-step compliance process:

Step 1: Determine Your Prohibition Status

Review your court order: If you received a restraining order or criminal conviction judgment, read it carefully. Does it specifically mention firearms? What’s the deadline for surrender?

Identify your federal category: Determine which § 922(g) category applies to you (felon, DV conviction, mental health adjudication, drug user, etc.). This affects your long-term restoration prospects.

Check state-specific requirements: Research your state’s surrender timeline, method, and documentation requirements. State laws vary dramatically.

Step 2: Inventory All Firearms and Ammunition

Create a complete inventory of everything that must be surrendered:

• ☐ All firearms (handguns, rifles, shotguns) in your home
• ☐ Firearms in vehicles
• ☐ Firearms in storage units, offices, or other locations
• ☐ Firearms at friends’ or family members’ homes
• ☐ Inherited firearms you possess
• ☐ ALL ammunition (every caliber, every location)
• ☐ Ammunition in range bags, tackle boxes, vehicles
• ☐ High-capacity magazines (if prohibited by your state)
• ☐ Gun parts kits or 80% receivers
• ☐ Unfinished frames or receivers

Be thorough. Missing one box of ammunition is a federal felony.

Step 3: Determine Surrender Method

Check state requirements: Does your state require FFL processing, or can you surrender directly to law enforcement?

Identify available facilities:

• Sheriff’s department evidence room (call for hours)
• Police department property division (call for procedures)
• FFL dealers willing to process surrenders (call multiple dealers)
• Court-designated facility (if specified in order)

Consider timing: If you’re facing a 72-hour deadline and it’s Friday afternoon, you need to act immediately. Weekend compliance may require finding an FFL dealer with weekend hours.

Step 4: Gather Required Documentation

Before you surrender firearms, gather:

• Government-issued photo ID (driver’s license or passport)
• Court order or legal documentation of prohibition (certified copy if possible)
• Firearm registration documents (if your state registers firearms)
• Vehicle registration (if surrendering firearms from vehicle)
• Inventory list of all items being surrendered (typed, with serial numbers)

Step 5: Complete Surrender

Call ahead: Never just show up at a police station with firearms. Call the non-emergency number, explain your situation, and ask about procedures.

Transport safely: Firearms must be unloaded, cased, and transported legally. Check your state’s vehicle transport laws. Ammunition should be in a separate container.

Follow facility procedures: Each facility has different intake processes. Follow their instructions exactly.

Obtain detailed receipt: The receipt should list:

• Your name and identification information
• Date and time of surrender
• Each firearm with make, model, caliber, and serial number
• Quantity and type of ammunition
• Name and badge number of accepting officer (if law enforcement)
• Case number or reference number

Keep multiple copies of this receipt. It’s your proof of compliance.

Step 6: Verify Compliance and File Proof (If Required)

Court filing: If your court order requires you to file proof of surrender, do so within the specified timeframe. File the receipt from law enforcement or FFL dealer along with a declaration of compliance.

Keep records: Maintain copies of:

• Surrender receipt
• Court filing (if applicable)
• Inventory list
• Any correspondence with law enforcement or FFL dealers

Keep these records indefinitely. You may need them years later if questions arise about your compliance.

Step 7: Address Household Firearms (If Applicable)

If you live with someone who owns firearms:

• Discuss the constructive possession risks
• Implement security measures (locked safe, no access for you)
• Consider whether firearms should be stored elsewhere
• Document the arrangement in writing

Step 8: Plan for Ongoing Compliance

Avoid firearms: Don’t go to shooting ranges. Don’t handle friends’ firearms. Don’t attend gun shows. Every interaction with firearms creates legal risk.

Monitor household members: If you live with gun owners, make sure you have no access to their firearms.

Watch for new acquisitions: If someone gifts you a firearm (not knowing you’re prohibited), you must immediately refuse it or arrange for legal transfer to someone else. Don’t even take temporary possession.

Research restoration options: If your prohibition might be temporary or if your state has restoration procedures, consult with an attorney about your options. But don’t assume restoration is possible—verify.

Conclusion: Take Firearm Surrender Requirements Seriously

Federal firearm prohibition under 18 U.S.C. § 922(g) isn’t a technicality—it’s a felony carrying up to 10 years in federal prison. And the law doesn’t provide a clear roadmap for HOW to comply. That burden falls on you to navigate state-specific surrender procedures, timelines that often conflict with practical reality, and a patchwork of transfer laws that vary from state to state.

The details everyone forgets about—ammunition surrender, constructive possession in shared households, FFL requirements in certain states, the impossibility of weekend compliance—these aren’t minor footnotes. They’re the traps that catch people who genuinely try to comply but don’t know all the rules.

If you’re prohibited from possessing firearms, take these steps seriously. Inventory everything, including ammunition. Understand your state’s specific requirements. Don’t assume you can have family members hold your guns without understanding transfer laws and constructive possession risks.

And don’t count on getting your firearms rights back—for most people, federal restoration is impossible because the process has been defunded for 30+ years.

When in doubt, consult a criminal defense attorney who understands both federal firearms law and your state’s specific procedures. The stakes are too high to guess.