Gun Ownership and Domestic Violence Charges
When someone is charged with domestic violence, it can directly affect their ability to own or possess a firearm. Laws are strict in the United States regarding domestic violence convictions and firearms. The federal law prohibits people convicted of domestic violence offenses from owning or possessing a firearm. Even without a conviction, there can be temporary restrictions placed on your ability to possess a gun.
How Charges Can Affect Your Gun Rights (Even Without a Conviction)
A domestic violence charge can trigger restrictions on your firearm rights before you are even convicted. If you are accused of domestic violence, you may be temporarily prohibited from possessing firearms while the case is ongoing.
There are also legal processes in place that may prevent you from receiving firearms if there is an active domestic violence case.
Pretrial Restrictions
In some cases, police departments or courts may impose pretrial restrictions on firearm possession. These restrictions are temporary, but they can prevent you from owning or carrying a firearm during the trial. This can happen even if you have not been convicted of a domestic violence crime yet.
Temporary Firearm Surrender Orders
Another measure that may be implemented is a temporary firearm surrender order. This means you could be required to give up your firearms to law enforcement officers while your case is pending. These orders are generally temporary but can last for the duration of the trial or until a judge rules otherwise.
It’s important to understand that surrendering firearms under these orders is a common process in cases involving domestic violence charges.
What Happens If You Are Convicted?
If you are convicted of a domestic violence charge, your rights to own a firearm can be permanently taken away, depending on the nature of the conviction. Federal gun control laws are clear about the consequences of such a conviction.
Federal Firearm Ban – The Lautenberg Amendment
Under 18 U.S.C. § 922(g)(9), individuals convicted of a misdemeanor crime of domestic violence cannot legally own or possess a firearm. This law, known as the Lautenberg Amendment, is a lifetime federal ban. Once convicted of domestic violence misdemeanors, you will permanently lose your right to own or receive firearms, even after your sentence is complete.
Felony Convictions
A felony conviction related to domestic violence will also result in a permanent prohibition on firearm ownership. Under 18 U.S.C. § 922(g)(1), anyone convicted of a felony, including felony domestic violence, is permanently banned from possessing a firearm. This ban applies to all types of firearms, whether it’s a rifle, handgun, or shotgun.
If you are convicted of a domestic violence felony, you will never legally be able to possess a firearm again.
What Qualifies as a “Misdemeanor Crime of Domestic Violence”?
A misdemeanor domestic violence conviction refers to a crime where a person is found guilty of committing domestic violence that falls under the misdemeanor category. Domestic violence misdemeanors typically include offenses like simple assault or battery against a current or former spouse, dating partners, or other intimate partners. If convicted, you will face restrictions on owning a firearm under both state laws and federal law.
Can You Get Your Gun Rights Back?
In some cases, it may be possible to restore your right to own a firearm after a conviction. However, the process is complex and often requires legal action. A person convicted of domestic violence may need to apply for a pardon, a restoration of civil rights, or other legal remedies, which can take time and require approval from the court.
If you are looking to restore your rights, it’s essential to consult with a criminal defense lawyer who specializes in gun rights and domestic violence cases.
What If a Restraining Order Is Involved?
If a domestic violence protective order or restraining order is involved in your case, this can further complicate your right to possess a firearm. Under federal law, even if you are not convicted of a domestic violence offense, being subject to a protection order may prohibit you from owning a firearm.
Civil Protective Orders
Under 18 U.S.C. § 922(g)(8), if a restraining order is issued against you and it meets certain conditions, you cannot possess a firearm. These conditions include the order being issued after notice and a hearing, protecting an intimate partner or child, and including findings of threats or physical force. This restriction lasts as long as the protection order is active.
If a domestic violence restraining order is in place, you could be prohibited from having access to firearms, even if you have not been convicted of a crime.
Penalties for Violating Firearm Restrictions
If you are found in violation of firearm possession restrictions while under a federal or state prohibition, you can face serious legal consequences. Possessing a firearm while prohibited can result in criminal charges, including up to 10 years in prison under 18 U.S.C. § 924(a)(2).
In addition to jail time, you may also face fines, loss of a firearm license, or the inability to obtain a concealed carry permit. Violating these restrictions can also lead to state-level charges, adding further complications to your case.
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