How Domestic Violence Charges Impact Gun Rights in California

In California, a domestic violence conviction can immediately impact your ability to own, possess, purchase, or carry firearms. In many situations, you must surrender your guns while a case is pending, and a conviction can result in long-term or permanent firearm restrictions.

If you’ve been accused of family violence, it’s crucial that you take these restrictions seriously. Any failure to comply could lead to additional criminal charges outside of the legal jeopardy you already find yourself in. The good news is that you have the right to fight back against these charges with the help of an experienced California defense attorney.

Can You Lose Your Gun Rights After a Domestic Violence Charge?

Yes, it’s possible to lose your right to own or possess firearms after a domestic violence charge. These charges can affect your gun rights before you are ever convicted, especially if the court issues a protective order against you.

The courts frequently issue criminal protective orders immediately after an arrest for domestic violence. Depending on the circumstances, these orders can bar you from possessing, owning, purchasing, or receiving firearms while your criminal case is pending.

In this scenario, you may have to surrender your firearms to law enforcement, sell them to a licensed firearms dealer, or transfer them to another legally authorized party under California law. The court generally sets deadlines for completing this process, and you’ll have to prove that you completed it.

How Does a Domestic Violence Conviction Affect Firearm Rights?

A domestic violence conviction can result in long-lasting firearm restrictions under both California and federal law. This means that the restrictions imposed by a temporary restraining order are now potentially permanent.

For misdemeanor domestic violence convictions, California bars firearm ownership for a significant period of time. It’s important to understand that federal law may also prohibit you from owning a weapon following a domestic violence conviction, even if state law doesn’t.

A felony domestic violence conviction generally carries even more serious consequences. More often than not, a felony conviction will permanently stop you from possessing firearms under both state and federal law.

Do Domestic Violence Restraining Orders Affect Gun Ownership?

Yes. A domestic violence restraining order can immediately prevent you from possessing or purchasing firearms. This is true even though you’ve never been convicted of a crime.

State law treats restraining orders seriously because they are intended to reduce the risk of violence while a criminal case is working its way through the court system.

Temporary restraining orders can also impose firearm restrictions while the court considers whether to issue a longer-term order. It’s not uncommon for a judge to issue an order immediately, only to set a hearing where both sides get a chance to argue for or against extending it.

Even if the restraining order eventually expires, you should never assume your firearm rights automatically return. Your best bet is to speak with an attorney about your rights before attempting to regain your firearms.

Can You Restore Your Gun Rights After a Domestic Violence Case?

It may be possible to restore these rights in the future, but that depends on why they were restricted in the first place. If the only restriction resulted from a temporary protective order that is later dismissed or expires without a disqualifying conviction, you may regain your firearm rights.

Because both California and federal laws govern firearm possession, you should never attempt to purchase a weapon until you are clear about your legal status. Your attorneys can help you understand if either state or federal law continues to prohibit you from owning a weapon.

Frequently Asked Questions

Will I have to surrender my firearms immediately after a domestic violence arrest?

Not necessarily after the arrest alone. However, if the court issues a qualifying protective order, you may have to surrender your firearms within the deadline established by the court.

Can I buy another firearm while my domestic violence case is pending?

If you are under a restraining order prohibiting you from owning weapons, you’re also barred from buying additional firearms.

Does every domestic violence conviction result in permanent loss of gun rights?

No. The specific charge and the facts of your case will determine how long your loss of rights will last.

Can I keep my concealed carry permit if I am charged with domestic violence?

It’s possible for the state to revoke your concealed carry permit, but this generally only occurs when you’re convicted of certain criminal offenses or otherwise break the terms of your permit.

How Our Firm Can Help

Domestic violence cases involve much more than defending against criminal charges. Every decision you make early in the process matters, so it’s crucial that you work with an attorney who understands how to take on these cases and win.

Andres Rico can help you beat these charges in the following ways:

• Conducting a thorough investigation
• Challenging illegal searches
• Finding the right defense strategy
• Evaluating the evidence
• Interviewing witnesses
• Appearing in court on your behalf

Along the way, he can answer any question you might have about the process. Facing an arrest for domestic violence is overwhelming, but we can make sure you’re prepared. Reach out today to learn how our team can help.

Reach Out to the Law Offices of Andres Rico

At the Law Offices of Andres Rico, we know what it means to be charged with a domestic violence offense. Not only are you at risk of jail time and fines, but you could also have your constitutional rights taken from you as well. In some cases, this can happen before you’re even convicted of a crime. Contact us as soon as possible for a private consultation with our firm.