AOR Covers You Even if You Are a Prohibited Possessor
Firearm laws in the United States are complex and often misunderstood. Under both federal and state laws, individuals may be classified as “prohibited possessors” for various reasons. These reasons can include a prior felony conviction, certain misdemeanor domestic violence offenses, active restraining or protective orders, adjudicated mental health conditions, or legal medical marijuana use. In some cases, people may not even realize they have lost their legal right to possess a firearm until after they have used one in self-defense.
Many traditional self-defense programs will reject claims from individuals classified as prohibited possessors. Even if your use of force was justified, your status as a prohibited possessor at the time of the incident may prevent your defense from being covered.
At Attorneys On Retainer (AOR), we believe that your past or present status should not disqualify you from coverage while defending yourself. We will represent you if you are a prohibited possessor who acted in lawful self-defense or defense of others.
Who is a Prohibited Possessor?
A prohibited possessor is someone who is legally barred from owning or possessing a firearm. The reasons can vary greatly, and many people might not even realize they are included in this category.
Common examples include:
- Individuals with felony convictions.
- Those who are convicted of misdemeanor domestic violence.
- People who are subject to certain restraining or protection orders.
- Medical marijuana users (according to federal law).
- Individuals with specific types of mental health adjudications.
The list is long and sometimes vague or inconsistently enforced. Consequently, individuals who believe they are acting within their rights to defend themselves or others can still face serious criminal charges due to their status as a prohibited possessor.
Why This Matters
There are over 28 million people in the U.S. who are legally barred from buying or owning firearms under federal or state law (McBride, 2024). Of these, more than 5 million are prohibited because of felony convictions; over 7 million due to mental health adjudications; and more than 12 million because of citizenship status (McBride, 2024). In California alone, nearly 19,000 people who legally bought firearms later became prohibited possessors, and many kept their guns despite that status (EurekAlert!, 2020).
These figures indicate that prohibited possession is widespread, affecting tens of millions of people. Because many traditional self-defense insurance programs deny coverage to prohibited possessors, there is a risk that someone acting in lawful self-defense might be left without legal protection.
The Attorneys On Retainer Difference
At AOR, we believe that self-defense is a universal right. Regardless of whether someone breaks into your home, assaults you in public, or threatens your loved ones, your status regarding firearm possession does not diminish your right to defend yourself. The law recognizes the human right to self-defense, and so do we. If you assert self-defense, we will step in and represent you.
Most self-defense programs are supported by traditional insurance and are subject to industry regulations that often result in coverage denial for individuals labeled as prohibited possessors. However, AOR is backed by a reputable law firm, The Attorneys For Freedom (AFF), rather than an insurance company. We have established our own Risk Retention Group (RRG) to operate independently of traditional insurance regulations. This enables us to set our own standards for representation.
Our experienced criminal defense attorneys are dedicated to defending your freedom. We will represent you if you meet our three established criteria:
- You are charged (or are reasonably concerned about being charged) with a crime (felony or misdemeanor).
- You can reasonably and in good faith assert that you acted in self-defense or defense of others.
- The charges arise out of conduct that occurred entirely after you became a member of Attorneys On Retainer.
Real World Examples
Example 1: You Use a Firearm in a Day Care Parking Lot
While picking up your child from a local daycare, you witness another parent being attacked with a knife just a few feet away. In an effort to stop the attack, you draw your firearm. Your quick actions may save a life; however, due to a prior felony conviction, you are classified as a prohibited possessor and face charges. Traditional self-defense insurance programs may deny your claim in this situation, but AOR will provide coverage.
Example 2: You Defend Your Family During a Home Invasion
Late at night, someone forcefully breaks into your home. You retrieve a firearm from a locked cabinet to protect your spouse and children. The intruder is seriously wounded, but when law enforcement arrives, you are arrested because of a non-violent felony conviction from more than 20 years ago. Despite the justified nature of your defense, most traditional self-defense insurance programs might refuse to cover your legal costs due to your status as a prohibited possessor. However, as an AOR member, you will be fully covered.
Example 3: Someone Lied About Your Mental Health
At a gas station, you find yourself in the middle of an armed robbery. You respond quickly, using a firearm you have owned for years to protect yourself and others. Later, you learn that a family member falsely claimed you were mentally unstable during a past legal dispute, which led to a temporary mental health hold on your right to possess a firearm. Although no formal legal ruling was made, you are a prohibited possessor under the law. Typical self-defense insurance programs would likely deny your claim due to your status, even if your actions were lawful. Fortunately, if you are an AOR member, we will represent you.
Example 4: You Are Unaware of an Active Restraining Order
You break up with a former partner, who files a restraining order without directly notifying you. Weeks later, you are attacked outside your apartment by an armed assailant, and you use your firearm to defend yourself. However, the police arrest you due to the active restraining order, which makes you a prohibited possessor. Most self-defense insurance programs would deny coverage in this situation, but AOR will not.
Example 5: You Are a Medical Marijuana Cardholder
You live in a state where medical marijuana is legal and possess a valid prescription for chronic pain. One evening, you witness an attempted carjacking and fire a warning shot to protect the victim. Although you have no criminal history, law enforcement classifies you as a prohibited possessor because of your marijuana use. Most self-defense programs backed by traditional insurance would deny your claim of self-defense, but AOR will handle your legal defense.
AOR Defends Prohibited Possessors
At AOR, we are dedicated to defending our members who are charged for acting in self-defense or defense of others. This includes individuals with complex legal histories, including those who have been previously convicted of a crime.
Our attorneys focus on protecting your future, not judging your past. If your use of force was in self-defense and you meet our criteria, we will represent you, regardless of your criminal record.
Read our full “We Cover You Even If…” series to see how far that commitment goes.
Conclusion
At AOR, we do not believe that a person’s legal status should determine whether they deserve protection in the fight for their life. We will not walk away because of missing paperwork or past convictions. If you are a prohibited possessor and act in self-defense, we will represent you. No fine print.
At AFF, we do not just talk about defending freedom; we put it into action in the courtroom every day. If you are a responsible gun owner or someone who values freedom, we invite you to learn more about our AOR Program. To learn how our law firm and The AOR Program can assist you, please call 866-404-5112 or email us
Citations
McBride, C., Gun Facts in the U.S. 2024:The Reality of Firearms in America, Ammo.com (2024), https://ammo.com/articles/gun-facts-in-the-us.
Around 100,000 convicted felons across the US likely still own guns, despite being banned from doing so, EurekAlert! (2020), https://www.eurekalert.org/news-releases/502526.
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