How Long After a Domestic Violence Charge Can You Own a Gun?

How long after a domestic violence charge you can own a gun depends on the circumstances of your situation. With a domestic violence conviction, you can lose your right to own a firearm for the rest of your life.

If a judge issues a restraining order at the beginning of your domestic violence case, you may have to surrender your firearms before the court hears your argument.

Talk with an Oakland criminal defense lawyer if you have been arrested for domestic violence. Your lawyer will review your case and let you know how long after your domestic violence charge you can own a gun. They will vigorously defend you and look for ways to prove that you should not be convicted.

Can You Own a Gun if You Are Convicted of Domestic Violence?

In California, a domestic violence conviction can strip you of your right to own a gun. Based on California Penal Code Section 29800, it is illegal to possess a firearm if you have been convicted of a felony.

Per California Penal Code Section 29805, you can also receive a lifetime ban on owning a gun if you are convicted of certain misdemeanor domestic violence offenses. 

Expect to be punished to the full extent of the law if you purchase, own, possess, or receive a gun after a domestic violence conviction that bars you from these things. You can face a prison sentence of 16 months to three years and fines of up to $10,000. 

Get legal help from an Oakland assault lawyer if you are worried about losing your gun rights after a domestic violence charge. Your attorney can explain how a domestic violence conviction will impact your gun ownership rights. In addition, they will provide insights into the criminal penalties and collateral consequences of a conviction. 

How Long After a Domestic Violence Arrest Can You Own a Gun if You Are Served With a Restraining Order?

Just because a restraining order is issued does not mean you will lose your gun ownership rights forever. If you are served with an order, you must surrender your firearms to ensure the safety of all parties involved in your case. You may not have firearms in your possession until the court decides on your case or the order is rescinded, modified, or terminated. 

It is your responsibility to surrender your firearms immediately if you are served with a restraining order. If you choose not to comply, you are violating the order and will be punished accordingly. 

You must surrender your firearms if you have been convicted of domestic violence in California, regardless of whether you were served a restraining order. A probation officer or the court will verify that you have met this requirement. Refusal to do so can lead the court to issue a search warrant and seize your firearms. 

How Long Following a Domestic Violence Charge Can You Own a Gun if You Receive an Expungement?

An expungement of a domestic violence conviction does not automatically give you the right to own a gun. Generally, an expungement restores most of the legal rights you lost because of your conviction. The lone exception to this is the right to own a gun. 

Even with an expungement, you are subject to a federal lifetime ban on your gun rights. It is possible to restore your gun rights if you receive a California gubernatorial pardon. This depends on whether the pardon is “full and unconditional” or clearly states that you are allowed to possess a gun.  

A gubernatorial pardon may be available for felonies and certain misdemeanor sex crimes. It may not be used to restore your federal gun rights if you have been convicted of a domestic violence crime. 

What Can You Do to Own a Gun After a Domestic Violence Charge?

Consult with an Oakland felony charges lawyer or another attorney with domestic violence case experience. Your attorney will protect your legal rights and best interests. They can develop a legal strategy that could get a prosecutor’s case dropped. 

Your attorney considers the facts of your case. They gather witness statements and other evidence to support their argument. Your lawyer accounts for the prosecutor’s case and how they can raise a reasonable doubt about whether a conviction is warranted. 

Throughout your litigation, your lawyer will advise you on what to do to defend against a conviction. They will provide legal guidance and support at each stage of your case proceedings as they help you achieve your desired case results. If your attorney is successful, you can avoid a domestic violence conviction and maintain your right to own a gun.

Fight Back Against a Domestic Violence Charge

You wonder how long after a domestic violence charge it will be until you can own a gun and have other legal concerns. Trust a criminal defense attorney to help you deal with the aftermath of a domestic violence arrest. Your lawyer advocates for you, tackles your legal challenges, and disputes your charge. 

Silver Law Firm has proudly served over 10,000 clients. Our team understands how ruthless the criminal justice system can be. We are unapologetically tenacious and simply brilliant in how we approach your domestic violence case. Allow us to help you contest your charge. Contact us today to get started.