Misdemeanor Domestic Violence Conviction Bars You From Owning a Gun (CA Penal Code 273.5 and 243(e)(1))

Misdemeanor Domestic Violence Conviction Bars You From Owning a Gun (CA Penal Code 273.5 and 243(e)(1))

Rabin Nabizadeh
August 27, 2014

As of this week, anyone in California who has been convicted of domestic violence charges may be banned for life from having a gun.  Since 1996, a similar ban has been in effect.  However, that ban only covered felony convictions.  In other words, up until now, if you had a misdemeanor domestic violence conviction, there were other penalties, but you would only have been permanently barred from owning a weapon such as this if you were convicted on felony charges.  Furthermore, even if the complainant has not been injured physically, the ban still applies.  Many people believe that this decision seems a bit draconian.

California law defines domestic violence in very broad ways.  It is, of course, already illegal to criminally threaten, batter, or assault a stranger.  Yet, if the alleged victim happens to be your domestic partner, cohabitant, fiancé, wife, husband, girlfriend, boyfriend, or your child’s parent, then different laws apply  (CA Penal Code 273.5, Corporal Injury to a Spouse or Cohabitant and CA Penal Code 243(e)(1) Domestic Battery; 273(d)).

It used to be the case that a misdemeanor domestic violence charge meant facing up to 3 years of probation, 1 year in county jail, and fines up to $10,000.  Oftentimes, the perpetrator would also be forced to donate up to $5,000 to a women’s shelter or as restitution to their victim, participate in community service, and attend mandatory counseling, in addition to having the charge on your permanent record, making it difficult to pass simple background checks for certain professions.  Now, you will have to deal with the added frustration of a lifetime ban on owning a gun.

 

latest news

May 18, 2022
Why Term Papers For Sale May Not Be For You

In regards to faculty, many students search for and try out free term papers available on various websites. They are offered free of charge and a number of websites also offer it available with a few terms

April 7, 2022
What Can I Expect After Being Arrested for a DUI in California?
A DUI charge is a severe criminal offense in California. DUI arrests take away a massive part of your driving privilege and could tarnish your reputation. Prior DUI convictions can inflict further damage to your career opportunities, driving rights, and immigration status. This blog will go over what you must expect when facing DUI charges. [...]
April 7, 2022
How Long Does a DUI Stay on Your Record in California?
DUI cases may stay on your criminal record forever. The United States sees DUI as a serious traffic crime punishable with grave penalties. Fighting your way through a DUI case is a challenging task. But, it doesn't mean you can't do anything about it. There are legal options available for you, depending on the nature [...]