Can you go to jail for gun with restraining order

| by Max Soni

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. Our team has over 40 years of combined experience handling cases most lawyers won’t touch. You’ve probably seen us in the news – our managing partner represented Anna Delvey in the Netflix series, handled the Ghislaine Maxwell juror misconduct case, and has defended clients in matters ranging from federal fraud to high-profile stalking allegations. If you’re here, you’re probably wondering whether possessing a firearm while under a restraining order can land you in federal prison. The short answer – yes, absolutely.

Federal law doesn’t mess around with this. Under 18 U.S.C. § 922(g)(8), possessing a gun while subject to certain domestic violence restraining orders is a federal crime punishable by up to 10 years in prison. That’s federal prison, not county jail. And in June 2024, the Supreme Court ruled 8-1 in United States v. Rahimi that this law is constitutional – closing the door on Second Amendment challenges that some defendants tried to use as a defense.

Not every restraining order triggers the federal gun ban. The law is specific about what qualifies, what doesn’t qualify won’t get you prosecuted under this statute. The restraining order must involve an intimate partner or child – that means a spouse, former spouse, someone you share a child with, or someone you’ve lived with in a romantic relationship. A restraining order from a business dispute or neighbor conflict won’t trigger Section 922(g)(8).

You also need to have had notice and an opportunity to participate in a hearing. If the court issued an ex parte temporary order without you being present, the federal gun prohibition might not apply yet. But once you receive notice of a full hearing and have the chance to show up and contest the order, the prohibition kicks in whether you actually attended or not. Missing your court date doesn’t protect you.

The order itself must do one of two things. Either it explicitly prohibits you from using, attempting to use, or threatening physical force that would reasonably cause bodily injury – or it includes a specific finding that you represent a credible threat to the physical safety of an intimate partner or child. Courts word these differently depending on the state, some protection orders contain boilerplate language that checks these boxes automatically.

Federal prosecutors take these cases seriously in 2025. The ATF actively investigates violations and coordinates with state courts to identify people who possess firearms in violation of protection orders. According to DOJ data, approximately 18 percent of those denied firearms through the FBI’s background check system had either been convicted of a domestic violence misdemeanor or were subject to a domestic violence restraining order.

What happens if you’re caught with a gun while under a qualifying restraining order? Federal agents will arrest you, you’ll face charges in federal court, and the government will push for prison time. The maximum penalty is 10 years under Section 922(g)(8) – but if you have prior convictions for violent felonies or serious drug crimes, that jumps to a 15-year mandatory minimum under the Armed Career Criminal Act. No parole in the federal system, you serve at least 85 percent of whatever sentence the judge imposes.

The Rahimi case changed everything. Before June 2024, some defendants argued Section 922(g)(8) violated the Second Amendment. Chief Justice Roberts wrote the opinion rejecting that argument – the Court held that “an individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the Second Amendment.” Only Justice Thomas dissented.

This ruling eliminated the main constitutional defense in these cases. You can’t argue the law itself is unconstitutional – the Supreme Court settled that 8-1. Your defense options narrow to challenging whether the restraining order meets statutory requirements or whether you knowingly possessed the firearm.

Some people think they can keep guns they already owned before the restraining order was issued. That’s wrong. The moment a qualifying protection order is entered, you’re prohibited from possessing any firearms or ammunition, period. It doesn’t matter if you owned the guns for years, if they’re locked in a safe, or if they’re at a relative’s house but still technically yours. Possession means possession – constructive possession counts, actual possession counts, it all counts.

You’re supposed to surrender your firearms or sell them through a licensed dealer. Many courts include instructions in the restraining order itself about how to transfer your guns lawfully. If you ignore those instructions and keep the firearms anyway, you’re committing a federal felony every single day you maintain possession.

What about going to a shooting range or hunting while the order is active? Still illegal. What about keeping a gun for self-defense because you live in a dangerous area? Still illegal. What about antique firearms or black powder guns? The statute says “firearm” as defined in federal law – if it fires a projectile by explosive, it’s covered. There’s no self-defense exception, no sporting exception, no antique exception for restraining order cases.

Federal agents don’t need to catch you red-handed. They can charge you based on witness statements, photos showing you with firearms, social media posts, or even your own statements during the restraining order hearing. If you told the judge “I have guns at home” during the protection order case, federal prosecutors can use that admission against you in a criminal trial.

Prosecutors stack charges too. Multiple firearms mean multiple counts. Ammunition is a separate count. Federal jurisdiction is clear since almost all modern firearms traveled in interstate commerce.

At Spodek Law Group, we’ve defended clients facing these exact charges. Unlike other law firms who are worried about their relationships with prosecutors and judges, we focus only on you – getting you the best possible outcome regardless of how the government feels about our aggressive defense strategies. Todd Spodek has handled federal firearms cases where clients faced decades in prison, cases other attorneys called unwinnable.

If you’re under a restraining order and still have firearms, get a lawyer immediately and figure out how to lawfully transfer those guns before you’re charged. If you’ve already been arrested or indicted under Section 922(g)(8), time matters – the earlier we get involved, the better your options. Federal prosecutors have enormous resources, you need experienced defense attorneys who know how to challenge the government’s case at every stage.

The bottom line – yes, you can absolutely go to jail for possessing a gun with a restraining order. Up to 10 years in federal prison, possibly 15 years with enhancements, and the Supreme Court made clear this law is constitutional. The federal government prosecutes these cases aggressively, and post-Rahimi, your defense options are limited. Don’t assume this is just a civil matter or that nobody will find out. Federal agents investigate, federal prosecutors charge, and federal judges sentence. If you’re facing these charges or think you might be, call us. We’re available 24/7, and we’ve been handling complicated federal cases for over 40 years.