How a Domestic Violence Charge Could Impact Your Gun and Firearm Rights

A domestic violence accusation can turn someone’s life upside down. Even if the charges are exaggerated or false, just being arrested and accused can threaten one’s reputation, livelihood, and, critically—their Second Amendment rights.

Criminal defense attorneys who regularly defend domestic violence charges know how high the stakes are when a client’s gun rights hang in the balance. A conviction could strip the accused of their ability to own firearms forever under federal law.

While Florida has its own laws limiting gun ownership for some domestic violence offenses, the harshest prohibition comes from the federal government.

This comprehensive guide will explain exactly how federal law bans firearms possession for domestic violence misdemeanants, who it applies to, and most importantly, the proactive legal steps an accused can take to protect their gun rights if facing charges.

Overview of the Federal Firearms Prohibition

Enacted in 1996, 18 U.S.C. § 922(g)(9) prohibits anyone convicted of a qualifying “misdemeanor crime of domestic violence” from owning firearms or ammunition.

This federal law is sweeping in its permanent effect—the firearm prohibition applies for life. The only way to restore gun rights under the federal ban is to have the conviction completely expunged, set aside, or be granted a qualifying pardon.

Who Does the Domestic Violence Federal Gun Ban Apply To?

For a misdemeanor domestic violence conviction to trigger the federal firearms and ammunition ban, two conditions must be met:

1. The offense must be a qualifying misdemeanor under state, federal, or tribal law.

Any conviction for a misdemeanor offense that involves domestic violence will suffice. Common qualifying charges in Florida include domestic battery, domestic assault, and battery on a dating partner. Cases prosecuted in municipal court still count.

2. The offense must have involved the use or attempted use of force or threatened use of a deadly weapon.

The prosecution has to prove these elements occurred against a qualifying victim in order to trigger the gun ban.

Qualifying Victims Under Federal Law

The federal ban applies to convictions involving violence against:

• Current or former spouses
• Parents or guardians
• Individuals who share a child in common
• Current or former cohabitants
• Current or former dating partners

Notably, the dating partner provision was only added in 2022 and does not apply retroactively.

Seeking Legal Help Soon After Arrest is Critical

Defending domestic violence charges requires expert criminal defense representation. But it’s especially critical to lawyer up immediately in domestic violence cases where someone’s gun rights are on the line.

Acting fast to examine the evidence and formulate a defense strategy can make the difference between permanently losing your Second Amendment rights or preserving them.

An experienced attorney will advise the accused of the options available under federal and Florida law to protect their ability to own firearms if convicted. These could potentially include:

• Securing a plea deal for reduced charges – Negotiating charges like disorderly conduct that do not qualify as domestic violence.
• Getting charges dismissed – Many domestic cases rely on spotty evidence that can be challenged. An attorney can probe for weaknesses and seek dismissal.
• Invalidating predicate offenses – Errors in the original charges may provide grounds to get convictions tossed out later so they do not impair gun rights.
• Expungement – Concealing qualifying convictions from background checks and restoring gun eligibility.
• Pardons – Rare, but a gubernatorial pardon can restore firearm rights lost under the federal prohibition.

It’s vital to have an attorney who knows the system, the letter of the law, and how to tactically defend someone’s rights when accused of domestic violence. The slightest legal misstep could result in permanently losing the ability to own guns.

Additional Consequences of a Domestic Violence Conviction

Beyond the severe federal restriction on firearms, a domestic violence conviction can also impact one’s life in other ways:

• Employment – Many jobs and occupational licensing will be off limits, especially in healthcare, education, security, or other fields requiring background checks.
• Housing – A domestic violence conviction can make it difficult to find rental housing, especially if gun possession is prohibited.
• Family cases – Domestic convictions can negatively impact divorce, custody, and abuse prevention proceedings.
• Immigration status – Non-citizens could face deportation if convicted of domestic violence offenses.

Clearly, the stakes are high for anyone accused of domestic violence. Their entire livelihood and family dynamic hangs in the balance, along with their gun rights.

Don’t Gamble Your Rights Away – Seek Legal Counsel Today

Defending domestic violence charges and preserving the right to legally own firearms requires experienced legal representation. Skilled criminal defense attorneys have helped many Floridians in similar situations navigate the complexities of the law to protect their records, reputations, families, and Second Amendment rights.

If accused of domestic violence, it is critical to seek legal counsel right away. There may be more options than expected, but timing is absolutely vital. Knowledgeable attorneys offer guidance, tenacious legal defense, and, most importantly—hope—when clients fear all may be lost.

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