Can I own a gun if I have a domestic Violence Conviction

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

The answer is no. If you have a conviction for a domestic violence crime you are prohibited from possessing a firearm. This is a federal law. The federal firearm ban relates to any conviction for a misdemeanor crime of domestic violence. Specifically, any misdemeanor crime that “has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.”

Any crime of violence against a “domestic” individual will prevent you from possessing a gun.

Two things must be alleged in the criminal complaint for the firearm ban to apply. First, it must be a misdemeanor crime of violence. Second, it must be committed against a specifically defined individual. If these two things are present you will be prohibited from possessing a gun if you are convicted. This is true regardless of whether or not the state specifically charges you with a domestic crime.

A crime of violence is generally easy to determine. A common example can be a battery charge. However, a threat to cause harm or an attempted assault will count as well. Often these are charged as disorderly conduct in Wisconsin.

Related post: Do The Police Have To Arrest Someone When Responding To A Domestic Violence Call?

A “domestic relationship” is defined as someone you live with, someone you previously lived with, a spouse, a parent or guardian, and someone with whom you have a child in common. The domestic relationship does not have to be a romantic relationship. It can be as simple as a roommate, or even a sibling. However, it must be against an adult. Therefore, minor children or siblings do not subject you to the federal ban.

Criminal Defense Lawyers who Handle Domestic Violence Charges in Wisconsin

The Wisconsin criminal defense attorneys at DK Anderson, S.C. are keenly aware of how to defend against an alleged domestic crime. Our attorneys know what does and does not affect your ability to possess a firearm. If you are facing a domestic crime of violence in Wisconsin contact us today. We always offer a free case evaluation.

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