Just about everyone knows that the Second Amendment allows American citizens the right to possess firearms, but the federal and state governments also have the right to enforce reasonable limits on gun ownership. One rule that both federal and state legislators have agreed on is that those who are convicted of domestic violence should not be able to possess firearms. If you have any questions about guns and domestic violence convictions, you should ask your domestic violence defense lawyer how a conviction may affect your Second Amendment rights.
Guns and Domestic Violence Convictions in California
It’s worth noting that being convicted of any felony in California will result in your inability to legally own a gun, but when it comes to guns and domestic violence convictions, only a misdemeanor charge is necessary to result in your losing your right to bear arms. In other words, if you care about your Second Amendment rights, just pleading down to a misdemeanor domestic violence charge will not be enough to protect your ability to own firearms. On the other hand, if there is a question as to whether or not the victim was actually intimately involved with you, your attorney may be able to get a reduction to a non-domestic violence charge which would only threaten the loss of your firearm rights if the charges are felonies.
You Can Protect Your Gun Rights by Fighting the Charges
Even if you are absolutely in a romantic relationship with the alleged victim though, there are ample ways to fight and win in domestic violence cases. Common defenses include lack of evidence, false accusations, self defense and even consent. So remember, just because you’re charged with domestic violence, doesn’t mean you’re out of options.
Only a top defense attorney will be able to help you find the right strategy to fight the charges given your specific case. Please call (760) 643-4050 to schedule a free initial consultation to discuss your case and any concerns you have about guns and domestic violence convictions with Peter M. Liss.
Creative Commons Image by Peretz Partensky
