Can You Buy a Gun With a Domestic Violence Charge?

Being accused of domestic violence has various consequences, both immediate and long-term. Among these implications is the question of firearm rights. Many wonder whether\ a domestic violence charge affects their right to purchase or possess a firearm. The answer is not straightforward, as laws and regulations differ at the federal and state levels.

Firearm possession and domestic violence charges intersect in a complex web of legislation. A single charge can dramatically alter one's relationship with firearms. Understanding these nuances becomes vital. You must understand your rights.

At The Law Offices of Frances Prizzia, we understand the impact of domestic violence offenses. Domestic violence convictions have the potential to change lives forever. If you have been implicated in a domestic violence offense, protect your rights.

Learn more about the impact of a felony or misdemeanor domestic violence conviction on your firearm rights. Then, give us a call to schedule a case consultation.

The Federal Law: Domestic Violence, Gun, and Firearm Restrictions

At the federal level, the Gun Control Act (GCA) places major restrictions on those convicted of a misdemeanor crime of domestic assault. Those convicted cannot own, ship, transport, or receive a deadly weapon or ammunition. This restriction applies even if the charge was minor, resulting in minimal penalties. The intent is to prevent potential future violence.

However, this federal restriction doesn't just appear out of the blue. It traces its roots back to the Lautenberg Amendment, an addition to the GCA in 1996. The amendment aimed to address concerns about domestic assault offenders accessing firearms. The goal is to avoid potential escalation in future confrontations. A person convicted of domestic violence could lose their federal gun rights forever.

California's Stance on Firearm Possession Post-Domestic Violence Charge

In California, state law further emphasizes firearm restrictions. Even those subjected to a restraining order or protective order stemming from accusations of domestic violence are barred from owning or purchasing firearms. The state takes a stringent view, aiming to ensure the safety of all involved parties.

Moreover, these restrictions aren't temporary. In many instances, individuals convicted face a ten-year firearm prohibition. This emphasizes the gravity of domestic violence charges. The message is clear: California sees a clear link between domestic violence and potential future harm with firearms.

Understanding the "Lautenberg Amendment" and Its Implications

The Lautenberg Amendment significantly changed gun ownership for those accused of domestic violence. The amendment prohibits anyone convicted of misdemeanor domestic violence from owning firearms.

The Lautenberg Amendment doesn't differentiate between past and recent convictions. Even those with old domestic violence misdemeanors found themselves impacted by this legislation. Hence, the amendment became a pivotal point in the discourse surrounding gun rights and domestic violence.

The Distinction Between Misdemeanor and Felony Charges

When discussing domestic violence charges, the distinction between misdemeanors and felonies is crucial. While both can result in firearm restrictions, the consequences and durations vary. In general, misdemeanors carry less severe penalties than felonies. But they can still impact firearm ownership rights.

Felonies are more severe. They usually carry longer jail sentences, bigger fines, and stricter firearm restrictions. There are significant distinctions between misdemeanor and felony convictions. Make sure to work with an attorney who will vigorously fight for your rights, regardless of the charge.

Potential Legal Consequences of Violating Firearm Restrictions

Violating firearm restrictions post-domestic or family violence charge can lead to severe repercussions. Individuals face potential imprisonment, hefty fines, and further restrictions if caught. On a federal level, violations can lead to a prison sentence of up to ten years.

In addition to the legal consequences, violating these restrictions can also negatively impact any ongoing or future court proceedings related to the original domestic violence charge. It emphasizes the need to be fully aware of one's rights and limitations in such circumstances.

Seeking Legal Counsel: Navigating Firearm Restrictions and Rights

An experienced attorney can provide clarity, ensuring individuals understand their rights and limitations. Furthermore, legal counsel can help challenge or modify certain restrictions. They may offer a potential pathway to regaining firearm rights.

Understanding one's rights is paramount. This is very true in a system with layers of overlapping laws and regulations. By seeking knowledgeable counsel, individuals can make informed decisions. This ensures compliance while also exploring avenues to restore lost rights. Our law firm is here to help you.

Contact The Law Offices of Frances Prizzia If You Face a Domestic Violence Charge

If you are confronting domestic violence charges, you do not have to do so alone. Even a domestic violence misdemeanor conviction can majorly impact your gun rights. The Law Offices of Frances Prizzia understands these complexities. We provide expert guidance every step of the way.

If you or a loved one face such charges, it's crucial to act promptly. A domestic violence conviction can result in firearm prohibitions. Understand your rights, potential implications, and avenues for defense. Reach out to us, and let our experienced team guide you through this challenging journey. We will protect your civil rights.