Can I Own a Gun If I Have A Domestic Violence Conviction

Understanding Federal Firearm Bans on Domestic Violence Convictions

The Federal Law on Firearm Possession

Under federal law, anyone convicted of a domestic violence misdemeanor is barred from possessing firearms. This regulation applies specifically to misdemeanors involving physical force or the threat of using a deadly weapon committed against a defined set of individuals closely related to the victim. These can include a current or former spouse, parent, guardian, cohabitant, or someone with whom the victim shares a child.

Criteria for the Firearm Ban to Apply

For the firearm prohibition to take effect, two key elements must be present in the criminal complaint:

1. The crime must be a misdemeanor involving violence. Acts of physical violence or threats, including attempted assault, often qualify.
2. The victim must have a specific domestic relationship with the offender. This includes relationships such as cohabitants, spouses, or anyone similarly situated to a spouse, parent, or guardian of the victim. Importantly, the domestic relationship defined under federal law encompasses a wide range of connections, not limited to romantic or familial relationships but excluding minors.

Implications of a Conviction

A conviction for a qualifying domestic violence misdemeanor results in a lifetime ban on firearm possession under federal law. This holds true irrespective of whether the charge is explicitly labeled as a domestic violence offense. The mere involvement of violence and a domestic relationship suffices for the ban to be enforced.

Legal Representation for Domestic Violence Charges

Facing charges for a domestic violence-related offense carries significant legal and personal consequences, including the potential loss of firearm rights. At DK Anderson, S.C., our criminal defense attorneys specialize in navigating the complexities of domestic violence cases, with a keen understanding of the implications on firearm possession rights. If you’re confronted with charges of this nature in Wisconsin, securing skilled legal representation can be crucial in fighting for a favorable outcome and preserving your rights.

For comprehensive legal support and a free case evaluation, contact the experienced team at DK Anderson, S.C.