California

Can My Gun Rights Be Taken Away with a Domestic Violence Case?

June 21, 2022 by Mikel Rastegar in California  Rights  
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Prosecutors Take Domestic Violence Seriously

Domestic violence is a severe criminal offense that can seriously impact your life. The case entails threatening or harming a partner, whether you are in an intimate relationship or cohabiting together. Also, a Domestic Violence case may entail harming the mother or father of your child, or any former spouses.

The Constitution’s Second Amendment ensures that it is legal for an individual who meets the criterion to possess a gun in California. Although, the state holds the right to regulate and restrict certain types of firearms.

Incidentally, the Californian Law forms some of the most restrictive gun laws in the state.

For a buyer to be able to purchase a gun in California, they must meet the following requirements;

  • An eligibility check whereby a thorough background check is conducted to weed out convicted felons
  • If you pass the background check, you are expected to for ten days before the seller can transfer the gun to you.
  • One must be of 21 years of age and above.

What Constitutes a Domestic Violence Case?

Mainly in a domestic violence case, the following factors must have occurred;

  • A cycle of repetitive physical and psychological abuse
  • (Physical injuries include beatings, punching, slapping, and hair-pulling)
  • Sexual abuse entails any form of coerced sexual behaviors
  • Emotional abuse is conducted through derogatory remarks aimed at lowering someone’s self-esteem and self-worth

In cases where domestic violence causes serious physical injuries to the victim, it can be charged as a felony crime. Otherwise, most domestic violence cases are filed as misdemeanor charges.

Penal Code 29800 under California’s Law deals with felons who possess firearms. Hence the law is popularly referred to as the “felon with a firearm” law. This law ensures that anyone convicted of a felony cannot possess a gun anywhere in the world.

Ultimately, if an offender has been convicted under the Californian Law of a felony domestic violence charge, they face a lifetime ban on possessing a firearm. If an offender with a felony charge violates the Penal Code 29800, they are liable to the following punishment;

  • Facing two or three years in a Californian State Prison
  • Paying a hefty fine of up to $10000

Penal Code 29805 states that a total of 40 misdemeanor convictions attract a ban against possessing a firearm for up to 10 years. If an individual is charged with battery, stalking, and issuing threats charged under (Penal Code 273.5 PC), they attract a lifetime ban on ever possessing a firearm.

After the ten-year ban, your gun rights are automatically restored only if you had been charged with misdemeanor domestic violence other than the above misdemeanor charges (Penal Code 273.5).

Unfortunately, the federal law can impose a lifetime ban on possessing a gun because the federal law takes precedence. If you violate federal law and possess a firearm, you can be sentenced to 10 years in federal prison or face an acceptable charge of up to $250000 or both.

What Are the Consequences of a Domestic Violence Case?

In California, if you are charged with a domestic violence case, apart from facing a jail term or a prison sentence, there are other repercussions associated with this charge. These include;

  • Undergoing mandatory domestic violence classes in intervention programs.
  • Also, you can be forced to pay hefty fines to the victim as a means of restitution.
  • If children are involved, you could lose custodial rights and be forced to obey a restraining order.
  • For immigrants, it is possible to face deportation charges or revocation of U.S. citizenship.
  • Moreover, in California, anyone with a domestic violence charge automatically loses their gun rights and can even face a ban on owning a firearm for up to 10 years. Consequentially, a domestic violence charge attracts a lifetime ban on ever owning a gun from federal law.
  • Lastly, you get a criminal record.

Contact A Lawyer

If you are facing a domestic violence charge, seek help from an experienced criminal defense attorney who is knowledgeable and well versed with California domestic violence laws and California firearms laws. Contact the right lawyer to ensure you fully understand how a domestic violence case will affect your gun rights.

Need an Attorney? CALL NOW: 310-274-6529

Seppi Esfandi is an Expert Attorney who has over 21 years of practice defending a variety of cases.

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How to Win Your Case

We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:

  1. Don’t ever talk to the police
  2. Do not discuss your case with anyone
  3. Everything you tell your lawyer is confidential
  4. Tell police you need to contact your attorney
  5. Never consent to any search by the police
  6. If the police knock on your door, don't answer!
  7. Realize the consequences of a criminal conviction
  8. Your lawyer (not you) will contact any witnesses
  9. Information on your cell phone is evidence
  10. Early Intervention is the key

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