8. An Alien Admitted to the United States Under a Nonimmigrant Visa - Includes, among others, persons visiting the United States temporarily for business or
pleasure, persons studying in the United States who maintain a residence abroad, and certain temporary foreign workers. The denition does NOT include
permanent resident aliens nor does it apply to nonimmigrant aliens admitted to the United States pursuant to either the Visa Waiver Program or to regulations
otherwise exempting them from visa requirements.
9. Exceptions to Prohibition on Aliens Admitted Under a Nonimmigrant Visa - An alien admitted to the United States under a nonimmigrant visa
is not prohibited from purchasing, receiving, or possessing a rearm if the alien: (1) is in possession of a hunting license or permit lawfully issued
by the Federal Government, a State, or local government, or an Indian tribe federally recognized by the Bureau of Indian Aairs, which is valid and
unexpired; (2) was admitted to the United States for lawful hunting or sporting purposes; (3) has received a waiver from the prohibition from the
Attorney General of the United States; (4) is an ocial representative of a foreign government who is accredited to the United States
Government or the Government’s mission to an international organization having its headquarters in the United States; (5) is an ocial
representative of a foreign government who is en route to or from another country to which that alien is accredited; (6) is an ocial of a foreign
government or a distinguished foreign visitor who has been so designated by the Department of State; or (7) is a foreign law enforcement ocer of a
friendly foreign government entering the United States on ocial law enforcement business.
10. Prohibited Person - Generally, 18 U.S.C. 922(g) prohibits the shipment, transportation, receipt, or possession in or aecting interstate
commerce of a rearm by one who: has been convicted of a felony in any Federal, including a general court-martial, State or local court, or any
other crime, punishable by imprisonment for a term exceeding one year; is a fugitive from justice; is an unlawful user of, or addicted to, marijuana
or any depressant, stimulant, or narcotic drug, or any other controlled substance; has been adjudicated as a mental defective or has been committed to
a mental institution; has been discharged from the Armed Forces under dishonorable conditions; is subject to certain restraining orders;
convicted of a misdemeanor crime of domestic violence under Federal, including a general court-martial, State or Tribal law; has renounced his/her
U.S. citizenship; is an alien illegally in the United States or an alien admitted to the United States under a nonimmigrant visa. Furthermore, section
922(n) prohibits the shipment, transportation, or receipt in or aecting interstate commerce of a rearm by one who is under indictment or
information for a felony in any Federal, including a general court-martial, State or local court, or any other crime, punishable by imprisonment for
a term exceeding one year. An information is a formal accusation of a crime veried by a prosecutor.
A member of the Armed Forces must answer “yes” to question 26 if charged with an oense that is referred to a general court-martial. A current or
former member of the Armed Forces must answer “yes” to question 27 if convicted under a general court-martial.
Discharged “under dishonorable conditions” means separation from the Armed Forces resulting from a dishonorable discharge or dismissal
adjudged by a general court-martial. That term does not include any other discharge or separation.
EXCEPTION - A person is not prohibited from receiving or possessing a rearm if that person: (1) has been convicted of any Federal or State
oense pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar oenses relating to the regulation of business
practices; (2) has been convicted of a State misdemeanor punishable by imprisonment of two years or less; or (3) following conviction of a felony
or other crime for which the judge could have imprisoned the person for more than one year, or a misdemeanor crime of domestic violence, has
received a pardon, an expungement or set aside of the conviction, or has lost and regained civil rights (the right to vote, sit on a jury, and hold public
oce) in the jurisdiction in which the conviction occurred, AND the law of the convicting jurisdiction does not prohibit the person from receiving or
possessing rearms. A person subject to any of these exceptions, or who received relief from disabilities under 18 U.S.C. 925(c), should answer
“no” to the applicable question.
11. Fugitive From Justice - Any person who has ed from any State to avoid prosecution for a felony or a misdemeanor, or any person who leaves the
State to avoid giving testimony in any criminal proceeding. The term also includes any person who knows that misdemeanor or felony charges are
pending against such person and who leaves the State of prosecution.
12. Adjudicated as a Mental Defective - A determination by a court, board, commission, or other lawful authority that a person, as a result of
marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) is a danger to himself or to others; or (2) lacks the
mental capacity to contract or manage his own aairs. This term shall include: (1) a nding of insanity by a court in a criminal case; and (2)
those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility.
13. Committed to a Mental Institution - A formal commitment of a person to a mental institution by a court, board, commission, or other lawful
authority. The term includes a commitment to a mental institution involuntarily. The term includes commitment for mental defectiveness or mental
illness. It also includes commitments for other reasons, such as for drug use. The term does not include a person in a mental institution for
observation or a voluntary admission to a mental institution.
EXCEPTION: Under the NICS Improvement Amendments Act of 2007, a person who has been adjudicated as a mental defective or committed
to a mental institution in a State proceeding is not prohibited by the adjudication or commitment if the person has been granted relief by the
adjudicating/committing State pursuant to a qualifying mental health relief from disabilities program. Also, a person who has been adjudicated as a
mental defective or committed to a mental institution by a department or agency of the Federal Government is not prohibited by the adjudication or
commitment if either: (a) the person’s adjudication or commitment was set-aside or expunged by the adjudicating/committing agency; (b) the
person has been fully released or discharged from all mandatory treatment, supervision, or monitoring by the agency; (c) the person was found
by the agency to no longer suer from the mental health condition that served as the basis of the initial adjudication/commitment; (d) the
adjudication or commitment, respectively, is based solely on a medical nding of disability, without an opportunity for a hearing by a court, board,
commission, or other lawful authority, and the person has not been adjudicated as a mental defective consistent with section 922(g)(4) of title 18,
ATF Form 7(5310.12)/7CR(5310.16)
Revised October 2020