Convictions in California for crimes related to domestic violence carry extreme and severe consequences for rights related to possessing firearms and even maintaining citizenship for immigrants. A domestic violence conviction typically results in a loss of the right to own or possess a firearm under both state and federal law. What makes these consequences even more severe is that there is no way to recover lost rights related to possessing and owning firearms after a domestic violence conviction.
Under California Penal Code § 29805 PC, most misdemeanor convictions for domestic violence result in a ten-year ban on possessing and owning firearms. However, even a misdemeanor conviction for a violation of California Penal Code 273.5 PC (corporal injury on a spouse or cohabitant) subjects an offender to firearm ban for life. Also, if the offense qualifies as a misdemeanor crime of domestic violence under federal law, any conviction will result in a loss of gun rights for a lifetime.
California Penal Code § 2980o PC imposes a firearms’ ban for life on anyone convicted of a felony offense in any state or country. Thus, anyone convicted of domestic violence as a felony is prohibited from ever legally possessing a gun by both California and federal law.
Federal law imposes a lifetime firearms ban for a domestic violence conviction. The only option for removing the federal firearms ban is a Presidential pardon, which is rarely granted. Most people convicted of a California crime of domestic violence will never legally be able to own a gun anywhere in the United States. Also. if convicted of possessing a gun in violation of federal law, you face a fine of up to $250,000, and/or up to 10 years in federal prison.
Criminal law specialist John Patrick Dolan protects the rights of those charged with assault, domestic violence or spousal abuse. Mr. Dolan has over forty years of experience working to help his clients obtain the best resolution possible when freedom and reputation are at stake. Call us today at (760) 775-3739 or find out more online here. We guarantee our efforts to fight for the best possible outcome in your domestic violence case.
