Can you own a gun with a domestic violence charge?

Posted by William Bly | Oct 10, 2016 | 0 Comments

Most domestic violence charges, if you're convicted, are going to federally prohibit you from owning a firearm. It doesn't mean you can't go out with a bow and arrow, but a firearm, you'll be prohibited. That means a rifle, a handgun, semi-automatic, or revolver. Any essentially rim-fire or center-fire weapon, you're prohibited from owning. If you're convicted of something like Domestic Violence Reckless Conduct, that may not end up in a federal prohibition, but Domestic Violence Assault is a lifetime prohibition from ever using, owning, or possessing a firearm, and if you make the horrible mistake of disregarding that prohibitions and six or seven years from now you decide to go hunting with your buddies up in the Allagash, and you get pulled over by the warden and you get arrested, you're now facing a federal felony for which you can be imprisoned for five years.

It's extremely serious, and people don't realize the ramifications of pleading to this until it's too late. You're prohibited from not only owning or using but obviously you can't go out to Cabela's and purchase a firearm, and the concern is maybe you're just driving with your buddies to take them up to the camp. But the officer is generally gonna error on the side of caution, may not buy your story that is actually true, and arrest you anyway, and now you're still facing federal charges. So just being around firearms can be problematic for some people who've been convicted of domestic violence.

About the Author

William Bly

William T. Bly, Esq. is a graduate of Rutgers College where he majored in Political Science with a minor in U.S. History. Attorney Bly attended and graduated the University of Maine School of Law. During his time in law school, Attorney Bly focused on criminal defense.

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