Gun Rights And Domestic Violence
If you are convicted of domestic violence, it will impact your life in several significant ways. If you are a gun owner you will lose your gun rights for a minimum of ten years, and possibly for the rest of your life.
Both California and Federal law make it illegal for anyone convicted of domestic violence to purchase or possess a gun. Furthermore, the courts have ruled many times that your second amendment rights are not being violated by imposing such a restriction.
The length of time your gun rights will be restricted – either or ten years or for life – depends on if you are convicted of felony domestic violence or misdemeanor domestic violence.
Felony Domestic Violence
If you are convicted of felony domestic violence in California, you lose your gun rights for life. There is no way to appeal or overturn this rule. You will never legally own a firearm again. You also lose several other important rights, like the right to vote, when you become a convicted felon in California.
Furthermore, California has a law commonly known as the “felon with a firearm” law. This law makes it a felony for anyone who has already been convicted of a felony anywhere in the world to possess a gun. This means that if you have a prior felony conviction in another state or country, it is a felony for you to possess a gun in California.
Violating California’s “felon with a firearm” law is punishable by up to three years in state prison and up to ten thousand dollars in fines.
Misdemeanor Domestic Violence
If you are convicted of misdemeanor domestic violence, California law prohibits you from purchasing or possessing a gun for ten years. After your ten-year ban expires, your gun rights will be automatically restored.
However, if you are convicted of a crime during your ten-year ban that also carries a firearms ban – like domestic violence, assault, battery, and others – you will lose your gun rights for life.
Federal Firearms Ban
Under federal law, most domestic violence convictions automatically result in a lifetime ban on gun rights. This means that even if you’re only convicted of misdemeanor domestic violence in California, there’s a good chance you’ll receive a lifetime ban on gun rights instead of just a ten-year ban.
Can An Attorney Help Your With Gun Rights?
It’s important to know up front that most people convicted of domestic violence in California will never legally be able to own a gun anywhere in the United States.
With that said, it’s still a good idea to speak with an attorney to discuss your case. Every situation is unique, and there may be something an experienced criminal defense attorney can do to help you.
To learn more about restoring your gun rights, please contact us today.
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At Quinnan Law, we offer every client a free phone consultation to discuss their unique situation and determine how we can help. To arrange a consultation, please fill out the adjacent form or call us at: (707) 540-2356.
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