When you have been charged with any crime, you may wonder if you are able to have your rights to a firearm. When domestic violence charges are involved, the law takes this very seriously. If your conviction is on record, meaning your case has been completed, you will probably not be able to own a firearm. You may be surprised to find out that you could even lose out on these rights with as little as a misdemeanor. Domestic violence charges can be very dangerous crimes with huge consequences. This is why you should always have an experienced attorney on your side so that you can navigate the legal system and fight your charges before it’s too late.
Exceptions to This Rule
However, there are exceptions to this rule. Sometimes, on a very limited level, people are permitted to still own a firearm even after they have received a criminal conviction for domestic violence. This is true in cases where you have not actually been charged but you are still on a harassment restraining order. Once the restraining order wears off, if it is only determined to be temporary, you may be able to restore your gun rights. In these cases, your gun could be kept for safekeeping with a registered dealer or law enforcement officials until you can get it back.
The same can be said in cases where you move forward to have your conviction sealed, expunged, or pardoned under the law. If your domestic violence charge is no longer on record for whatever reason, you will still be able to own a gun. Some states lack enforcement when it comes to having criminals hand over their guns, which means that you could be in a position where nobody asks you to do so. There are many situations that qualify as “exceptions,” though in most states when you receive a criminal conviction, they could very well be taken.
You want to protect your rights. You have a right to bear arms but this is only when you haven’t been convicted of a serious crime. We want to help you fight your charges when you have the ability to defend yourself, knowing that you didn’t actually commit this crime. Call us for more information on how we can help.