How a California Domestic Violence Conviction Affects Your Gun Rights

When a person commits a crime, they understand that they may face fines, probation, or even prison. However, many crimes have effects that last long after the time is served and the fines are paid. Lawyers call these collateral consequences. 

Domestic violence convictions carry many collateral consequences. One of these is the loss of gun privileges. This loss can last years – or even be permanent. The law on these issues is complicated because both state and federal laws limit gun rights after domestic violence convictions. 

This article explains the state and federal laws that limit gun ownership after a domestic violence conviction. It also discusses how these bans operate. Finally, it explains how a Marin County domestic violence attorney can help. 

What Domestic Violence Means in California

Let’s start by reviewing California’s domestic violence laws. 

Domestic Battery – A Misdemeanor 

California Penal Code § 243(e)(1) states that a person commits domestic battery when they willfully touch an intimate partner, including a current or former spouse, fiancée, fiancé, or cohabitating romantic partner, dating or romantic partner, or the other parent of their child. Any touch will suffice. There doesn’t need to be a mark or injury. 

Corporal Injury – A Misdemeanor or a felony

Under California Penal Code §273.5, corporal injury happens when a person willfully inflicts a physical injury on an intimate partner that causes a “traumatic condition.” There must be an injury, but even a slight injury will suffice. 

The prosecutor can charge corporal injury as a misdemeanor or a felony. In making this decision, they will consider factors such as the severity of the injury and the defendant’s criminal history. 

Other Crimes 

While this article will primarily focus on these three crimes, many other domestic violence and domestic violence-adjacent crimes can trigger state or federal gun bans. For instance, a battery causing serious bodily injury does not require an intimate relationship. However, any person whose battery causes serious bodily injury can be charged under this statute regardless of their relationship with the victim. Your Marin County domestic violence attorney can tell you more about the crimes that qualify. 

Why California and Federal Law Use Gun Bans 

A recent report from UCLA found that roughly 18 percent of Californians own guns. This is their constitutional right. However, studies also show that the presence of a gun makes it five times more likely that a domestic dispute will end in a homicide. And outside the home, researchers have found that nearly two-thirds of mass shooters have prior arrests for domestic violence. 

Politicians in Sacramento and Washington, D.C. have responded to the many connections between guns and domestic violence by passing laws that restrict firearm possession for people convicted of these crimes. 

While many people believe otherwise, these laws are not limited to “serious” offenses or felonies. Both misdemeanors and felonies can trigger restrictions on gun ownership. 

California Firearm Bans and Domestic Violence 

Section 29805 of the California Penal Code includes a 10-year ban on firearms for people convicted of certain misdemeanors. These include: 

• Domestic battery
• Misdemeanor corporal injury
• Willful violation of a domestic violence protective order (PC § 273.6)  

Section 29800 requires a lifetime ban on firearms for people convicted of any felony. Although domestic violence crimes are not specifically outlined in the statute, all felonies – including felony domestic violence convictions – are included.

According to the statutes, a person convicted of one of the listed crimes may not own, purchase, receive, possess, or have under their custody or control any firearm. Note that this language is very broad. It includes more than just buying a gun. It also covers receiving a gun as a gift, borrowing a gun, holding a gun for a friend, and more. Your Marin County domestic violence attorney can tell you more about the conduct that violates the ban. 

Federal Firearm Bans and Domestic Violence 

Several federal laws affect gun rights after a domestic violence conviction.

• Under 18 U.S.C. §922(g), any person convicted of a felony may not ship, transport, receive, or possess any firearm or ammunition that has traveled in interstate commerce. Note that this law applies to people who are convicted under state or federal law. 
• The same section of the federal code also bans gun ownership by people convicted of a federal or state “misdemeanor crime of domestic violence.” To qualify, the crime must include an element of force or attempted force. California’s federal courts have said that both misdemeanor corporal injury and misdemeanor domestic battery qualify under this section. Once the crime qualifies, the same limitations that apply to felonies are triggered. 

Both federal bans last a lifetime. If there is a conflict between the federal and state ban, the federal rule will take precedence. So, if California imposes only a 10-year ban but federal law requires a lifetime ban, the lifetime ban applies. 

Getting Your Gun Rights Back After a Domestic Violence Conviction

The process of getting your gun rights back is quite difficult. Federal law does say that gun rights can be restored when the conviction at issue is expunged or dismissed and the state’s process restores the convicted person’s firearm rights. While California does have procedures to dismiss and seal criminal records, these laws do not restore gun rights. As such, the only sure way to get relief from a California gun ban or a federal gun ban based on a California domestic violence conviction is to get a pardon from the governor. 

Restoring Your Gun Rights 

The prior sections have shown that while losing your gun rights is easy, restoring them is difficult. As such, the best way to protect your firearm ownership rights is to mount an aggressive defense before a verdict or plea. An experienced Marin County domestic violence attorney can do several things to help at this stage, such as arguing that felony corporal injury should be viewed as a misdemeanor. Your lawyer can also: 

• Argue for diversion
• Appeal your conviction, which can remove your ban if the conviction is completely overturned
• Prevent you from violating state or federal gun laws
• Help you obtain a pardon
• Help you comply with any protective orders that may also affect gun use
• Advise you on how to comply with the ban 

Gun ownership is your right. If you want to restore your firearm rights and need legal help, Brownstein Law Group is here. Our team helps people in San Francisco and Marin County restore many types of rights after a conviction. We’re ready to fight for you. Call us today at 415-965-6183 or use our online form to schedule an appointment.