Can You Buy a Gun with a Domestic Violence Charge?
When it comes to gun ownership and domestic violence, it is essential to understand the current laws and regulations regarding obtaining a firearm while facing or having a domestic violence conviction. In this article, we will explore the nuances of the law, specifically addressing the question: can you buy a gun with a domestic violence charge?
Background on Gun Control and Domestic Violence
The National Instant Criminal Background Check System (NICS)
The Brady Handgun Violence Prevention Act, enacted in 1994, requires that the Attorney General establish a background check system for gun buyers to ensure that those convicted of certain crimes, including domestic violence, are unable to purchase firearms. This system is known as the National Instant Criminal Background Check System (NICS). If a potential buyer’s records indicate a conviction or charges related to domestic violence, the sale is automatically delayed or denied.
Understanding Domestic Violence Charges and Consequences
Domestic violence charges can vary widely in terms of severity, intent, and outcomes. Typically, these charges fall under a jurisdiction’s domestic violence statutes or laws that prohibit stalking, harassment, or violence in intimate relationships. Here’s a breakdown of some key points to consider:
| Domestic Violence Conviction Type | Consequences |
|---|---|
| Misdemeanor | May still buy a gun if five or more years have passed since the conviction or relief was granted. |
| Felony | Immediate denial of gun ownership with no opportunity for relief for at least 10 years. |
| Assault | Automatic five-year prohibition from gun ownership. |
What Counts as a Domestic Violence Conviction?
- Intentionally causing bodily harm or the fear of immediate bodily harm
- Using words or conduct that make an individual feel terrorized or intimidated
- Preventing an individual from entering his or her home, office, or other building
Buying a Gun with a Domestic Violence Charge
Temporary Suspension
Until the completion of legal proceedings, an individual’s rights to buy or possess firearms may be temporarily suspended as a condition of bond, bail, or under restraining orders.
Permanent Prohibition
Convictions resulting from domestic violence, whether they are misdemeanors or felonies, may permanently prevent an individual from buying a gun or legally owning a firearm for specified periods. These prohibitionary periods vary by state or jurisdiction and can include 5 years, 10 years, or life for certain types of domestic violence convictions.
Appeals and Relief from the Permanent Prohibition
For some individuals, there is the possibility of seeking relief or appealing a permanent prohibition against gun ownership. The processes and criteria for achieving this relief vary depending on jurisdiction and individual circumstances.
- Five-Year Waiver: Some states offer the opportunity to waive the mandatory minimum period before re-applying for gun ownership, providing documentation of counseling, victim reparation, and behavioral modifications.
- Special Order: Judges may grant exceptions or modifications to firearm restraining orders under certain conditions.
- Reform: Expungement, Plea Bargaining, and Rehabilitation:
By cooperating with law enforcement and displaying a willingness to undergo therapy, counseling, and substance abuse treatment, it might be possible to achieve reforms such as:
• Expunging records or plea-bargaining down to less severe charges
• Serving a shorter sentence in lieu of longer, harsher penalties
• Graduating from probation or successfully completing rehabilitation programs
State-Specific Regulations
Remember that regulations and requirements related to buying a gun with a domestic violence charge may vary by state. Research local laws, jurisdictions, or consult with an attorney if you’re unsure about specific circumstances or convictions. To illustrate the diversity, below are some state-by-state examples:
| State | Duration of Prohibition | Relief Opportunities |
|---|---|---|
| California | 10-year prohibition for misdemeanors and 10-year, plus 1 year of no criminal activity for felony | Waiver of the five-year period, discretionary suspension of prohibition, expungement, or reduced criminal charges |
| Texas | 10-year prohibition for domestic assaultive offenses, 20 years for other felony domestic violence convictions | Special permission by the Texas Department of Public Safety for some cases; expungement and certificate of completion for specified convictions |
Conclusion: Staying Informed about Buying a Gun with a Domestic Violence Charge
Permanent Prohibition: Yes Domestic violence charges and convictions have significant consequences on the individual’s ability to own and purchase firearms. Knowing which charges can result in lifetime or lengthy prohibition from owning a gun, along with understanding state-specific laws, is crucial for staying within legal bounds.
By educating yourself about domestic violence-related legislation, jurisdiction-specific laws, and individual circumstances, individuals can navigate the legal maze and take necessary steps toward rehabilitation and the pursuit of their gun rights, in compliance with federal and local regulations.
