Can You own a gun with a domestic violence charge?

Can You Own a Gun with a Domestic Violence Charge?

The issue of gun ownership and domestic violence is a complex and controversial topic in the United States. While the Second Amendment guarantees the right to bear arms, there are certain circumstances under which gun ownership can be restricted or prohibited. One such circumstance is a domestic violence charge.

Can You Own a Gun with a Domestic Violence Charge?

In short, the answer is no. A domestic violence charge can lead to a federal ban on gun ownership, and in some states, even a misdemeanor domestic violence conviction can result in a lifetime ban on owning or possessing firearms.

Federal Law

Under federal law, individuals who have been convicted of a misdemeanor crime of domestic violence are prohibited from owning or possessing firearms. This includes offenses such as assault, battery, and stalking, if committed against a spouse, intimate partner, or member of the same household. 18 U.S.C. § 922(g)(9)

To be considered a misdemeanor crime of domestic violence, the offense must have been committed against a person who is or has been in a romantic or intimate relationship with the defendant, or who is the parent of the defendant’s child. 18 U.S.C. § 921(a)(33)

State Laws

While federal law prohibits individuals with domestic violence convictions from owning firearms, state laws may also impose restrictions on gun ownership. Some states have laws that prohibit individuals with domestic violence convictions from owning or possessing firearms, even if the conviction is for a misdemeanor offense.

• California: Under California law, individuals with misdemeanor domestic violence convictions are prohibited from owning or possessing firearms for 10 years. Cal. Penal Code § 29800(a)(1)
• Florida: In Florida, individuals with misdemeanor domestic violence convictions are prohibited from owning or possessing firearms for life. Fla. Stat. Ann. § 790.23(1)
• New York: In New York, individuals with misdemeanor domestic violence convictions are prohibited from owning or possessing firearms for life. N.Y. Penal Law § 400.03(1)

Exceptions

There are certain exceptions to the federal and state laws prohibiting gun ownership for individuals with domestic violence convictions. These exceptions may include:

• Misdemeanor convictions prior to 1996: If an individual was convicted of a misdemeanor domestic violence offense prior to 1996, they may not be prohibited from owning or possessing firearms. 18 U.S.C. § 921(a)(33)(B)
• Expunged or sealed convictions: If an individual’s domestic violence conviction has been expunged or sealed, they may not be prohibited from owning or possessing firearms. 18 U.S.C. § 921(a)(33)(C)
• Gun ownership permits: In some states, individuals with domestic violence convictions may be able to obtain a permit to own or possess firearms. e.g. N.R.A. v. City of Chicago, 134 S.Ct. 3081 (2014)

Conclusion

In conclusion, individuals with domestic violence charges can face significant restrictions on their right to own or possess firearms. While federal law prohibits individuals with misdemeanor domestic violence convictions from owning or possessing firearms, state laws may impose additional restrictions or prohibitions. It is essential for individuals with domestic violence charges to understand their legal rights and obligations, and to seek legal counsel if they have questions or concerns about their ability to own or possess firearms.

Table: Federal and State Laws Prohibiting Gun Ownership for Individuals with Domestic Violence Convictions

References

• 18 U.S.C. § 922(g)(9)
• 18 U.S.C. § 921(a)(33)
• Cal. Penal Code § 29800(a)(1)
• Fla. Stat. Ann. § 790.23(1)
• N.Y. Penal Law § 400.03(1)
• N.R.A. v. City of Chicago, 134 S.Ct. 3081 (2014)