Can You get a gun with a misdemeanor assault?

Can You Get a Gun with a Misdemeanor Assault?

Introduction

In the United States, the right to bear arms is protected by the Second Amendment to the Constitution. However, there are certain restrictions and laws in place to ensure public safety and prevent individuals with a history of violent behavior from obtaining firearms. One of the most common questions among individuals who have been convicted of a misdemeanor assault is whether they can still obtain a gun. In this article, we will explore the answer to this question and provide an in-depth analysis of the relevant laws and regulations.

Federal Law

Under federal law, individuals who have been convicted of a misdemeanor crime of domestic violence are prohibited from possessing a firearm. This prohibition is set forth in 18 U.S.C. § 922(g)(9), which states that:

"(g) It shall be unlawful for any person—
(9) who has been convicted of a misdemeanor crime of domestic violence, to receive, possess, or transfer a firearm."

What is a Misdemeanor Crime of Domestic Violence?

A misdemeanor crime of domestic violence is defined as a misdemeanor offense that has as an element the use or attempted use of physical force against a person who is or has been in a domestic relationship with the offender. This includes offenses such as:

• Domestic assault
• Domestic battery
• Domestic violence
• Misdemeanor stalking

State Laws

While federal law prohibits individuals with a misdemeanor crime of domestic violence from possessing a firearm, state laws may also have their own restrictions on gun ownership for individuals with a history of violent behavior. In some states, individuals with a misdemeanor assault conviction may be prohibited from possessing a firearm, while in others, they may be able to obtain a gun after a certain period of time has passed since the conviction.

Table: State Laws on Gun Ownership for Individuals with a Misdemeanor Assault Conviction