Not only could a
domestic violence conviction result in jail time and fines, but it could also restrict your
ability to possess a firearm. Both state and federal laws prohibit an
individual from owning a gun if they are found guilty of this offense.
California Gun Right Restrictions
Depending on the level and type of offense committed, you could face a
10-year or lifetime ban of your gun rights. Under California Penal Code
29805 PC, if you were charged with a misdemeanor, you could be looking
at a decade-long loss of your ability to own, purchase, receive, or possess
any type of firearm. After the required time has passed, your gun rights
are automatically restored.
However, if you were found guilty of a misdemeanor that involved subjecting
another person to corporal injury that traumatizes them, your gun rights
will be revoked for life.
According to California Penal Code 29805, if you illegally possess a firearm
after being found guilty, or pleading guilty, to a misdemeanor domestic
violence crime, you could be charged with a subsequent misdemeanor.
This offense carries with it the following:
- A jail or prison term of up to 1 year; and/or
- A fine of up to $1,000.
California also has a law that prohibits individuals convicted of any felony,
including domestic violence, from ever legally possessing a gun.
If you violate this law, you could be facing a felony charge, which is
- A jail sentence of 16 months, 2 years, or 3 years; and/or
- A fine of up to $10,000
Federal Illegal Firearm Possession Laws
The U.S. Government also has laws that restrict your ability to possess
a gun if you were convicted of domestic violence. Under 18 U.S.C. 922(g)(9),
anyone convicted of any felony, subject to a domestic violence restraining
order, or convicted of a misdemeanor domestic violence offense is prohibited
from owning a gun for life. That means, even if you faced only a 10-year
ban under California law, you are still not legally allowed to have a
firearm under federal statutes.
It is a felony to unlawfully possess a firearm, and federal conviction
penalties are much harsher than the state’s.
You could face the following consequences:
- A federal prison sentence of up to 10 years; and/or
- A fine of up to $250,000
Call Appel & Morse for a Free Consultation
Because the stakes are so high for a domestic violence conviction, it is
essential to get legal representation on your side right away. Our attorneys
know that there are two sides to every story, and being charged with this
offense could have been the result of a misunderstanding or false accusation.
We will fight hard to protect your rights and seek to have charges reduced
For the aggressive defense you need, call us at (805) 467-6060 or
contact us online.