People accused of domestic violence offenses due to altercations involving family members or romantic partners may worry about the implications of a felony conviction. Frequently, they may choose to negotiate a plea bargain.
The goal may be to reduce the charges against them to misdemeanor crimes. Doing so can reduce the stigma associated with their criminal record and limit the possible penalties imposed after a conviction. However, one of the most common concerns for those facing domestic violence charges is the impact on their Second Amendment rights. A guilty plea to a lesser offense does not eliminate that risk.
Federal law has strict standards
Federal lawmakers have adopted gun restrictions for domestic violence offenders. Those federal rules take precedence over the more lenient policies on the books in many states.
Frequently, people convicted of misdemeanors do not need to worry about the loss of their lawful Second Amendment rights. Domestic violence charges are among the exceptions to that general rule.
Anyone convicted of a misdemeanor domestic violence offense is subject to the same firearm restrictions as those convicted of felony domestic violence offenses.
Under current federal standards, they are permanently ineligible for lawful firearm ownership following their domestic violence conviction. Responding assertively to the charge to avoid a conviction is one of the only ways to prevent domestic violence allegations from impacting firearm ownership rights.
Those concerned about their rights when facing domestic violence charges may need the guidance of an attorney. Working with a legal professional can help people develop strategies based on their personal priorities and the unique circumstances leading to their charges.