Domestic Violence and Gun Rights

A conviction for domestic violence may result in the loss of gun rights, permanently. If you are under investigation or have been charged with a crime, it is important to understand potential consequences, including loss of gun rights. Riverside County domestic violence and gun rights Attorney Gregory H. Comings is ready to tell your side of the story and aggressively assert your legal rights. The Law Office of Gregory H. Comings represents first-time offenders as well as those with a domestic violence prior conviction.

In California, if you are arrested for a domestic violence offense, law enforcement officers are required to confiscate firearms or other weapons that meet certain criteria. Domestic violence crimes are defined as abuse of a current or former spouse, a mother or father of your child, a person with whom you live(d), anyone you are or were dating, and a current or former fiance(e). Felony domestic violence charges may result when abuse results in physical injury.

Regarding domestic violence and loss of gun rights, if the weapon was allegedly used during the commission of the offense, in plain sight, or discovered during a lawful search of the person or premises, you may lose your gun. If the weapon is considered evidence, it will not be returned until the case is resolved. This assumes that you are acquitted and lawfully possessed your weapon. Alternatively, if the firearm was illegally possessed, or you are convicted of criminal charges, it may be destroyed.

California makes it a crime to possess a firearm after conviction of a domestic violence offense. In some cases, this loss of gun rights may occur before a conviction. For example, a judge may order a domestic violence restraining order at an arraignment. Under the terms of the order, the person may not be allowed to own, possess, or use a firearm.

Another crime, set forth under Penal Code 29800, makes it a crime for those convicted of a felony to possess a firearm. “Felon with a firearm,” holds that conviction for a felony domestic violence restricts gun ownership for life. A violation of this offense may result in up to three years in California state prison and/or a fine up to $10,000.

Penal Code 29805 PC criminalizes possession or ownership of a firearm after conviction for certain misdemeanor offenses. It is a crime to own or possess a gun within 10 years from the date of the conviction, or an outstanding warrant. For instance, domestic battery is listed as a misdemeanor covered by the statute. Certain crimes, such as corporal injury to a spouse, carry a lifetime firearm ban. If you violate Penal Code 29805, you may face imprisonment up to one year in county jail or prison, and a fine up to $1,000. Additionally, federal law trumps California law. Federal law holds that conviction for a misdemeanor crime of domestic violence results in loss of gun rights for life.

Asserting a defense to domestic violence charges depends on the circumstances of your case, and a skilled attorney can assess the particulars to determine the best defense possible. For example, momentary possession may apply. Illegal search and seizure is another defense that may be appropriate if law enforcement engaged in tactics that violated your rights.

As a Riverside domestic violence attorney, Gregory H. Comings is prepared to fight your criminal charges. Laws concerning domestic violence and their affect on gun rights can be complex, and to fully understand how to protect your rights, it is important to contact a skilled defense lawyer. To learn more about how our office can help, call (951) 686-3457 or complete our online form. Attorney Comings also represents people facing weapons offenses, sex crimes, and white collar crimes.