Can I Buy a Gun with a Domestic Violence Charge?
As a responsible gun owner, it’s essential to understand the laws surrounding firearms, especially when it comes to domestic violence charges. The answer is no, you cannot buy a gun with a domestic violence charge. In this article, we’ll delve into the details of the laws surrounding gun ownership and domestic violence, and provide a clear understanding of the process and implications.
What is a Domestic Violence Charge?
A domestic violence charge refers to any crime committed against a family member or intimate partner, including but not limited to:
• Spousal abuse
• Child abuse
• Stalking
• Harassment
• Assault
These charges can vary depending on the jurisdiction, but the common thread is the involvement of a romantic partner, family member, or someone with whom the accused has a close personal relationship.
Federal Laws:
The Lautenberg Amendment, signed into law in 1996, prohibits individuals with a conviction for a misdemeanor crime of domestic violence (MCDV) from owning or possessing a firearm. This amendment was enacted to prevent individuals who have a history of violent behavior towards their intimate partners from obtaining firearms.
Misdemeanor Crime of Domestic Violence (MCDV):
A misdemeanor crime of domestic violence (MCDV) is defined as a crime of violence committed by an intimate partner, including but not limited to:
• Assault
• Battery
• Kidnapping
• Stalking
FBI Background Check:
The FBI conducts background checks on all prospective gun buyers. If a prospective buyer has a domestic violence charge on their record, the FBI will flag the purchase and notify the National Instant Criminal Background Check System (NICS).
State Laws:
While the Lautenberg Amendment is federal law, some states have their own laws restricting gun ownership for individuals with domestic violence charges. Some states:
• Prohibit gun ownership for individuals with a history of domestic violence
• Require a restraining order or protection order to revoke gun ownership
• Impose additional penalties or restrictions on individuals with domestic violence charges
Examples of State Laws:
| State | Law | Description |
|---|---|---|
| California | Penal Code Section 29800 | Prohibits individuals with a conviction for domestic violence from owning or possessing a firearm |
| Florida | Section 790.07(3) | Requires a court to revoke a concealed carry permit if the permit holder is convicted of a domestic violence crime |
| New York | Penal Law Section 265.20 | Prohibits individuals with a conviction for domestic violence from owning or possessing a firearm |
Impact on Gun Ownership:
A domestic violence charge can have significant implications for an individual’s gun ownership rights. Some consequences include:
• Permanently revoked gun ownership rights
• Suspension or revocation of concealed carry permits
• Increased scrutiny during the background check process
• Potential for additional charges or penalties
Can I Buy a Gun with a Domestic Violence Charge?
In summary, the answer is no. If you have a domestic violence charge on your record, you cannot buy a gun. The Lautenberg Amendment and various state laws prohibit individuals with a history of domestic violence from owning or possessing firearms. It’s essential to understand the laws surrounding gun ownership and domestic violence to avoid legal consequences.
Conclusion:
Domestic violence charges can have serious consequences for an individual’s gun ownership rights. Understanding the laws surrounding gun ownership and domestic violence is crucial for responsible gun ownership. If you have a domestic violence charge on your record, it’s essential to consult with a legal professional to understand the implications for your gun ownership rights.
