Who is a Prohibited person?

Federal Categories of Persons Prohibited From Receiving

A delay response from the NICS Section indicates the subject of the background check has been matched with either a state or federal potentially prohibiting record containing a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth). The federally prohibiting criteria are as follows:

■A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.

■Persons who are fugitives of justice—for example, the subject of an active felony or misdemeanor warrant.

■An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.

■A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.

■A person who, being an alien, is illegally or unlawfully in the United States.

■A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.

■A person dishonorably discharged from the United States Armed Forces.

■A person who has renounced his/her United States citizenship.

■The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.

■A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.

■A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.

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gmhowell said:

What prompted the bolded section? Was there talk about this elsewhere?

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rj1974 said:

So failing a drug test prohibits you . If you fail one for a job are they reported to anyone ?

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rj1974 said:

So failing a drug test prohibits you . If you fail one for a job are they reported to anyone ?

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gmhowell said:

No problems. I was just curious why the section on drugs had a few bolded lines. Thanks for the reference.

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NY Transplant said:

So just being arrested as opposed to convicted of any controlled substance makes you a prohibited person.

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gmhowell said:

What prompted the bolded section? Was there talk about this elsewhere?

Click to expand...

rj1974 said:

So failing a drug test prohibits you . If you fail one for a job are they reported to anyone ?

Click to expand...