Most gun owners think the only way to lose their Second Amendment rights is through a felony conviction. But as the Armed Attorneys, Emily Taylor and Richard Hayes, point out — it’s way easier (and way sneakier) than that.
From protective orders to minor misdemeanors and even substance use, you could find yourself suddenly prohibited from owning or buying firearms — without ever setting foot in a prison.
1. Protective Orders: The Hidden Trap in Divorce Court
Protective orders are supposed to shield victims from danger, but under 18 U.S.C. §922(g)(8), they can also instantly disarm you — even in cases with no violence, no conviction, and no crime.
Emily explains, “We see this all the time in Texas divorce cases. Even when there’s no domestic violence, the standard temporary orders still have that federal disqualifying language built in.”
That means if you’re going through an otherwise civil split, those standard forms you pulled off a government website could quietly strip your gun rights until the order expires. If you work in a gun store or run one, that’s more than a hassle — that’s a livelihood killer.
The fix? Talk to your attorney before signing anything. That default clause could make you a prohibited person overnight.
2. Misdemeanor Domestic Violence: Even the Petty Stuff Counts
Under 18 U.S.C. §922(g)(9), even a ticket-level offense involving “use or attempted use of force” against an intimate partner can kill your gun rights for life.
“People think it means beating up your spouse,” Richard says. “But it can be something as simple as spitting, grabbing an arm, or poking someone’s shoulder during an argument. If that person’s a domestic partner and you plead out — boom, you’re done.”
SEE ALSO: Is 7 Creedmoor the new 6.5?
In Texas, even a Class B assault by contact charge counts. Taylor adds, “It’s not about what the crime’s called — it’s about the elements. If it involves any use or threat of force against a domestic partner, you’re prohibited.”
Self-defense doesn’t always save you, either. If police respond to a domestic call and someone gets arrested — odds are, it’s the guy.
“Even if you were defending yourself, one bad plea deal can erase your rights permanently,” Emily warns.
3. Substance Use: The “Unlawful User” Gray Zone
Here’s where things get messy. Under §922(g)(3), anyone who’s an “unlawful user of a controlled substance” is prohibited from possessing a gun. But what does that even mean?
Hayes says it’s not clear-cut. “You could technically bounce in and out of being a prohibited person based on how much money you have to spend on weed.”
The Fifth and Eighth Circuits are now drawing a line — saying the key question is dangerousness, not just use.
“There’s no historical precedent for taking guns away from someone just because they drank too much ale,” Taylor jokes. “But if your intoxication makes you dangerous to others, that’s different.”
So, no, Grandma with glaucoma isn’t the issue. But someone who gets high and violent might be. Courts are still figuring out where to draw that line, especially after Bruen and Rahimi reshaped how Second Amendment cases are judged.
The Takeaway
You don’t have to be a felon to lose your gun rights. You just need a protective order, a minor domestic scuffle, or a recreational vice that crosses the legal line.
As Emily puts it: “It really doesn’t take much, y’all.”
The Armed Attorneys’ advice is simple: know the law before it knows you. Because when it comes to 18 U.S.C. §922, ignorance isn’t bliss — it’s a lifetime ban.
*** Buy and Sell on GunsAmerica! ***
Read the full article here
