If you have been convicted of domestic violence in California, you may be surprised by the far-reaching effects such a conviction can have on your life. One of the questions many people ask about this kind of conviction has to do with the right to bear arms. Many Californians want to know, “Can you own a gun after a domestic violence conviction in California?”
What Constitutes Domestic Violence in California?
Domestic violence, much like assault and other broad-category crimes, can be difficult to define. Domestic violence, in general, is violence or the threat of imminent physical harm imposed on a member of the offender’s family or household. There is no charge for domestic violence itself, but the offenses committed in the course of a domestic violence incident can result in charges.
For example, when a person commits simple assault during the course of a domestic violence incident, and the assault does not result in serious bodily injury, that offense might be charged as domestic battery, which is usually a misdemeanor. On the other hand, when a domestic violence incident results in traumatic injury, the offender is usually charged with a felony.
Domestic violence is a serious problem in modern society. More than 12 million Americans experience intimate partner violence each year.
Can You Own a Gun After a Domestic Violence Conviction in California?
Usually, a person cannot own a gun after a domestic violence conviction in California, regardless of whether the charge was a misdemeanor or a felony. There are multiple laws, both state and federal, that prevent offenders from owning firearms after certain convictions. Some laws that establish gun regulations are listed below:
- Penal Code 29805. Under this law, people who are convicted of certain misdemeanors in California lose their right to own a firearm for 10 years.
- Penal Code 29800. This statute imposes a lifetime firearm ban for people who are convicted of felonies.
- 18 U.S.C. Section 922(g). This is a federal law that imposes a lifetime firearm ban for people convicted of misdemeanor domestic violence.
If your right to own a firearm has been revoked, there is very little chance of having it reinstated. However, if you hire a weapons charges attorney to help you, they may be able to provide some legal insight regarding your options.
In some cases, people can have their gun rights reinstated by means of a pardon from the governor or an overturned conviction. If you believe your conviction was unjust, your attorney can work with you to begin the process of challenging it.
Hire a Weapons Charges Attorney With Experience in California Domestic Violence Laws
If you find yourself facing domestic violence charges and you have questions about how a conviction might affect your rights, or if you have already been convicted and now want to challenge your conviction, you need help from a competent California weapons charges lawyer.
At Kolacia Law Firm, our founding attorney, Daniel Kolacia, brings more than 15 years of experience and the insight of a former prosecutor to our clients’ service. Contact us to find out how we can advocate for you.
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