Can a Person on Probation Buy a Firearm?

This question comes up at gun counters regularly: "I'm on probation — can I still buy a gun?" The honest answer is: it depends. Probation itself is not a federal firearms disability. What matters is the nature of the underlying conviction — and whether the terms of the probation include a firearms restriction.

The Federal Prohibition Standard

Federal law prohibits firearms transfers to anyone convicted of a crime punishable by imprisonment for more than one year (commonly understood as a felony) and to anyone convicted of a misdemeanor crime of domestic violence. A person on probation for a felony conviction is prohibited from purchasing a firearm. A person on probation for a qualifying domestic violence misdemeanor is also prohibited.

A person on probation for a misdemeanor that is not a domestic violence offense — and not punishable by more than two years — may not be federally prohibited. The nature of the underlying offense controls, not the probation status itself.

State Law Complications

Many states impose additional firearms restrictions on probationers that go beyond federal law. Some states prohibit firearm possession for any person on probation, regardless of the underlying offense. Others impose restrictions as a specific condition of probation. The dealer is responsible for complying with the laws of their state — if your state prohibits firearm transfers to all probationers, that rule controls regardless of what federal law permits.

Deferred Adjudication and Probation

Some states have deferred adjudication programs where a defendant pleads guilty or no contest but the conviction is not entered if they successfully complete probation. The federal firearms disability question for deferred adjudication cases is complex — in some circuits, a guilty plea in a deferred adjudication program constitutes a conviction for federal firearms purposes even if the state record is later expunged. This is an area where consulting a firearms attorney before completing a transfer is wise if you're uncertain.

Asking About Probation at the Counter

You don't need to interrogate every buyer about their criminal history — that's what the Form 4473 is for. But if a buyer volunteers information about probation status, use it as a prompt to ask clarifying questions: What was the offense? Was it a felony? Was there a domestic violence element? Does your probation order include a firearms restriction? A buyer who can clearly answer these questions and whose answers are consistent with Form 4473 eligibility can proceed. A buyer who can't or won't answer clearly is a transfer you should decline.