INSIDER: GUNS, AMMO & OPTICS ON SALE
field notes & news

Donald Trump, Firearm Ownership & The Role of Commander in Chief

For a high-profile figure like former President Donald Trump, questions surrounding firearm ownership carry significant implications, especially given his role as commander-in-chief during his presidency. This article examines the legal framework governing Trump’s eligibility to own firearms and how this intersects with his former and potential future duties as commander-in-chief.
BY Gerard Kardonsky Jan 27, 2025 Read Time: 11 minutes
President Trump during his first term in office
The Kimber CDS9

As A Convicted Felon, Can President Donald Trump Legally Own And Control Guns?

Federal firearm laws in the United States strictly regulate the possession of firearms, particularly for individuals with felony convictions. These regulations are codified in Title 18 of the U.S. Code, Section 922(g). For a high-profile figure like former President Donald Trump, questions surrounding firearm ownership carry significant implications, especially given his role as commander-in-chief during his presidency. This article examines the legal framework governing Trump’s eligibility to own firearms and how this intersects with his former and potential future duties as commander-in-chief.

Donald Trump’s Legal Status Regarding Firearm Ownership

Let me begin by saying, I am an ardent supporter of the incoming administration and am proud that we finally came to our senses and elected freedom back into office. But with the weaponization of the justice system that we have all been witnessing recently what are the ramifications when it comes to our own PRESIDENT’S rights? As a 2nd amendment attorney and fervent supporter of our constitutional rights, I must remind people of how fragile they are and the ability to abuse the system to remove them so easily. Some of you may remember from years ago the ticking time bomb that I argued regarding 27f on the 4473…man, was I right, huh? Just ask Hunter Biden.

Some basics first:

Federal Firearm Prohibition for Felons

Under Section 922(g) of Title 18 of the U.S. Code, individuals convicted of felonies—crimes punishable by imprisonment for more than one year—are prohibited from shipping, transporting, receiving, or possessing firearms or ammunition. This prohibition applies regardless of whether the sentence was served or suspended.

How can one really understand what possession means? Possession is care, custody or control. While this is not a perfect example, and we must do a bit of mental gymnastics let’s define possession in a more common everyday scenario: You take a twenty-dollar bill to deposit at your local bank. When you walk through the door, you are in possession of that twenty…care (you are responsible for its safekeeping…if you drop it on the way in and it gets washed away in the gutter…that’s on you), custody (it’s in your hand), control (you can change your mind and go buy candy instead). When you hand that twenty-dollar bill to the teller, they now have care and custody of it, but you still maintain control…you can tell the bank to deposit it in your savings, invest it or pay a bill. So that means you are both in possession of that 20-dollar bill. So, keep this idea in mind as you read further.

Trump’s Criminal Charges & Their Implications

Current Status: As of this writing, President-elect (by an overwhelming majority) Donald Trump was sentenced on 34 felony counts of falsifying business records. President Trump was then given an "unconditional discharge.” An unconditional discharge means that while the conviction remains on his record, Trump will not face jail time, fines, or probation. Trump is now the first former U.S. President and CURRENT President to be convicted of a felony. Trump's legal team intends to appeal the conviction; however, the unconditional discharge will allow Trump to exercise all duties of the Office of the President of the United States without being encumbered by the possible limiting legal ramifications of the sentence. Yup…I voted for a felon. 

Impact of a Conviction: Again, as of this writing Trump has been convicted of a felony and is barred from possessing firearms or ammunition under Section 922(g). This prohibition will remain unless his firearm rights are restored through legal avenues such as winning on appeal, a pardon or expungement.

As discussed above, Federal firearms laws in the United States strictly regulate the possession of firearms by individuals with felony convictions. The relevant provisions are primarily found in Title 18 of the U.S. Code, Section 922(g). The simplified breakdown is above but the actual language is:

         (g)It shall be unlawful for any person—

The Kimber CDS9

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2 ) who is a fugitive from justice;

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

(5) who, being an alien—

(A) is illegally or unlawfully in the United States; or

(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));

(6) who has been discharged from the Armed Forces under dishonorable conditions;

(7) who, having been a citizen of the United States, has renounced his citizenship;

(8) who is subject to a court order that—

(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

The Kimber CDS9

(C) (i)includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(9) who has been convicted in any court of a misdemeanor crime of domestic violence,

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

If this language looks familiar…that’s because it should be for anyone who has purchased a firearm in the recent past. These are the questions you were asked on the Form 4473 background check. Federal law requires licensed firearm dealers to conduct background checks to screen for disqualifying criminal convictions. That’s what that 4473 is going through…the key provisions of this language…and if you fall into any of the categories above it is unlawful for you to have a gun. 

Like any U.S. citizen, the President is subject to federal firearms laws under 18 U.S.C. § 922. This means the President cannot lawfully possess firearms if they fall into a prohibited category; Trump falls under the prohibition for felons and it is therefore unlawful for him to ship, transport, receive, or possess firearms or ammunition in interstate or foreign commerce.

Donald Trump at Make America Great rally

Implications for the Role of Commander in Chief

Constitutional Framework & Authority

The President’s role as Commander in Chief, outlined in Article II, Section 2 of the U.S. Constitution, grants authority over military operations and national defense. When called into federal service, the President is designated as the Commander in Chief of the Army, Navy, and state militias. This grants the President broad authority to direct the armed forces and military operations, including decisions related to the deployment of weapons. However, this role does not provide any unique exemptions from federal or state firearm laws. A convicted felon serving as commander-in-chief would still be subject to the same restrictions as any other citizen under Section 922(g).

Security Protocols & Practical Considerations

Personal Firearm Possession: As Commander in Chief, many would argue that Trump would not typically need or possess personal firearms. Security is managed by the United States Secret Service, which is responsible for the President’s safety and heavily armed to respond to threats, so who cares? Should President Trump, who has had several attempts on his life and unfortunately a lackluster performance from his guard not be able to protect himself if necessary? 

The Kimber CDS9

What about all the manufacturers out there that were and are champing at the bit to gift the President another Trump 45 .45 cal, or now the Trump 47-themed AK-47? Can he accept? Are the manufacturers committing felonies themselves by knowingly and willfully attempting to provide a convicted felon with a firearm?

It gets more interesting the deeper we go.

Commander in Chief and Military Assets: The President of the United States is also the Commander in Chief. As such the President has authority to direct the armed forces and oversee military assets. That last part is key…oversee military assets…tanks? F-16s? Nuclear missiles? Rifles? Ammunition? The answer is yes but does it equate to personal possession or control of firearms or other military assets? Well, that depends on the lawyers of course…refer to the $20 bill and the following case law: 

Legal Precedents for Presidential Control of Weapons

  • This landmark case limited the President's authority over national resources and emphasized that executive power must derive from the Constitution or an act of Congress.
  •  While not directly about weapons, it highlighted that the President’s control over military assets must align with statutory and constitutional boundaries.
  • This case established that the President has broad discretion in foreign affairs, including decisions involving arms exports and military aid, based on powers inherent in the office.
  • It underscored the President's authority to control weapons and military resources in the context of international relations.
  •  During the Civil War, the Supreme Court upheld President Abraham Lincoln's authority to order a naval blockade without prior congressional approval, recognizing his constitutional power to act in times of conflict.
  • This precedent highlights the President's ability to control military force and weapons in emergency situations.
  • Though primarily about immigration, this case affirmed the President's authority to make decisions related to national security, which can include the control and deployment of weapons to protect the United States.
The Kimber CDS9

Statutory Framework

  • Requires the President to consult Congress when deploying armed forces, effectively placing a check on the President’s unilateral use of military power and control over weapons.
  • Grants the President authority to oversee and control the export of military weapons, underscoring the executive role in international arms control.

3. Presidential Emergency Powers:

  • Under statutes such as the National Emergencies Act (1976), the President can control domestic and military resources, including weapons, during emergencies.

The scary part is if or when Trump must exercise that power will the same weaponization (no pun intended) of the justice department argue that he would therefore be in possession and “No sir…you can’t hit that button, you can’t tell us where to send those missiles, you can’t direct that drone.” 

Someone will try, I’m sure.

Impact of Firearm Prohibition on Command Duties

I would argue that while the President, as Commander in Chief, exercises ultimate civilian control over the armed forces, this authority does not equate to personal control or possession of military firearms or equipment. The Commander in Chief is not in personal possession, care, custody, or control of firearms in the traditional sense. The role emphasizes oversight and strategic decision-making, while the logistics of firearm security and usage are handled by designated military personnel and the Secret Service. But, playing devil's advocate, just like you can tell the bank to invest your $20 in lithium mining operations overseas…. the President can command to send that drone to Kabul. 

While I would argue that the firearm prohibition would not legally impede Trump’s ability to serve as commander-in-chief, it could raise practical and symbolic concerns. For example, the Commander in Chief’s inability to lawfully possess firearms might affect public perception and invite scrutiny regarding compliance with federal laws. It will fuel the fire of foreign governments attempting to charge him with war crimes. It will hopefully finally bring to the forefront the question of whether non-violent felonies like financial crimes should restrict your 2nd amendment rights. Why? Because, if the individual serving as President owns firearms personally, such ownership is separate from their constitutional role and must comply with all applicable laws. So again, that means no range days for Donald Trump. No hunting trips with his son, Trump Junior.

The Kimber CDS9

Is there a solution? Maybe.

Legal Precedents & Restoration Pathways

Restoration of Firearm Rights for Individuals

• Federal Convictions: A presidential pardon would be required to restore firearm rights if one were convicted of a federal felony.

• State Convictions: For state-level felonies, restoration of rights would depend on the laws of the convicting state and could involve gubernatorial pardons, expungement, or other judicial relief.

• Civil Rights Restoration: Restoration of civil rights, such as voting or jury service, in some states could also lead to reinstatement of firearm rights unless explicitly prohibited.

State-Specific Considerations

Trump’s legal residence and the state where a potential conviction occurs could significantly influence his ability to regain firearm rights. Some states provide streamlined processes for rights restoration, while others impose additional restrictions. 

Historical Cases & Firearm Rights Restoration

• Presidential Pardons: Historically, presidential pardons have been used to restore civil rights, including firearm ownership. Trump’s own pardon power could theoretically be used to address his eligibility for firearm possession.

• Notable Precedents: Cases like Schrader v. Holder (2012) highlight the strict application of Section 922(g) and the complexities of restoring firearm rights, even for misdemeanor offenses with significant penalties.

State Variations in Restoration Processes

The Kimber CDS9

States differ widely in their approaches to restoring firearm rights. For Trump, any state-level conviction would necessitate careful navigation of these processes, potentially delaying or complicating the restoration of rights.

Conclusion

Under current federal law, Donald Trump can't legally own firearms because he has been convicted of at least one felony. The felony conviction triggers firearm prohibitions under Section 922(g), significantly limiting his ability to possess firearms unless his rights are restored through a pardon, expungement, or similar legal process. While such a prohibition would not directly impact his constitutional role as commander-in-chief, it could influence public perception and raise questions about compliance with federal law. As legal proceedings against Trump continue, any developments must be closely examined for their implications on his firearm eligibility and broader responsibilities.

Hook & Barrel will keep you updated as these legal matters get ironed out.

Related Articles
Loading...
Popup header image

Outdoor Lifestyle Doesn't Get Better than This

Sign up for our weekly emails to get the latest content, sneak previews, INSIDER updates, exclusive discounts, and more!