Federal FFRR Definitions

Words That Mean More Than You Might Expect.

DOJ defines several terms specifically for the Federal Firearm Rights Restoration program. These meanings can affect how screening answers and waiting periods are evaluated.

Arrest

DOJ uses a broad meaning. It includes a criminal arrest, certain military apprehension or pretrial restraint, and a citation issued instead of arrest for a criminal violation. It does not include ordinary parking, traffic, or motor-vehicle violations punishable only by a fine.

Brandish

Displaying any part of a firearm, or otherwise making its presence known, in a threatening or intimidating way. Lawful carrying by itself is not treated as brandishing.

Controlled Substance

DOJ points to the federal definition in 27 CFR 478.11, but for this FFRR rule's definition excludes marijuana.

Convicted / Conviction

DOJ's FFRR definition includes a criminal conviction, guilty plea, finding of guilt without entry of judgment, specified court-martial judgments, and a judgment entered after a nolo contendere plea.

Felony

For this framework, DOJ uses the federal concept of a crime punishable by imprisonment for more than one year, subject to the definition in 18 U.S.C. § 921(a)(20).

Misdemeanor Crime of Domestic Violence

DOJ uses the federal definition in 27 CFR 478.11 and also includes specified court-martial convictions that would meet that definition if entered by a state, local or tribal court.

Sentence

This is especially important. DOJ includes incarceration, detention or home confinement; probation, parole or other release; and time while other court-imposed requirements remain unfinished, including money obligations, education, treatment or programming, community service, extra duties, movement restrictions or electronic monitoring.

State or Federal Law

DOJ's definition reaches federal law, the Uniform Code of Military Justice, state law, District of Columbia law, territorial law, local subdivisions, and laws of federally recognized tribes.

Unlawful User of or Addicted to a Controlled Substance

DOJ points to 27 CFR 478.11 but, for this FFRR presumptive-disqualifier framework, excludes people whose only unlawful use or addiction involves marijuana.

Certain Firearm- or Ammunition-Related Conduct

DOJ ties this term to specified federal firearm and ammunition offenses, including several subsections of 18 U.S.C. § 922 and 18 U.S.C. §§ 932-933, with an exception described in the final rule for certain underlying § 922(g)(1) convictions.

Kidnapping

DOJ uses the federal kidnapping definition in 18 U.S.C. § 1201.

Required to Register as a Sex Offender

DOJ means a current registration requirement under SORNA or a comparable sex-offender registration law based on an offense that disqualified the person from firearm possession under the Gun Control Act.

Sexual Abuse

DOJ uses the federal sexual-abuse definitions found in 18 U.S.C. Chapter 109A.

Why the definition of sentence matters:

A person who left jail years ago may still be considered to have served part of a sentence more recently if probation, parole, restitution or another imposed requirement remained open. The exact record matters.

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