California has strict laws related to domestic violence convictions.
Recently, a man with a significant history of domestic violence and mental illness committed a mass shooting at a church in Texas. Despite having a conviction and being dishonorably discharged from the Air Force, he was able to purchase the guns that enabled him to commit this shooting. This has once again raised the question for many Americans of whether our guns need to be further regulated, particularly when it comes to people who have been convicted of domestic violence crimes.
California already has strict laws that prohibit anyone with a domestic violence conviction from possessing a gun. Under California law, domestic violence is defined broadly to include the abuse of a current or former spouse, a person that you live with or have lived with, the co-parent of your child, anyone that you are or were dating, and a current or former fiancé. It can be charged as either a misdemeanor or a felony, with a felony offense charged whenever physical injury results from the alleged assault. This definition is more expansive than the federal law that prohibits gun ownership for anyone convicted of domestic violence, which does not include anyone that you have dated in the definition of domestic violence.
Domestic violence that results as an injury, even a relatively minor injury, as a result of physical force used, can be charged as a felony under California law. Under California’s “felon with a firearm law,” certain groups of people are prohibited from owning, purchasing, receiving or possessing guns. This includes anyone who has been convicted of any felony offense in any state or country; people with two or more convictions for brandishing a firearm; people with one conviction for a weapons-related misdemeanor; and people who are addicted to a narcotic drug. Under this law, if you are convicted of felony domestic violence, you are barred from owning a gun.
If you are charged with domestic violence as a misdemeanor and the facts of the case include physical injury, you could still be banned from owning a firearm. That is because under California law, there are certain criminal convictions that can subject you to a ten year gun ban. This includes inflicting corporal injury on a spouse or cohabitant, stalking, criminal threats, domestic battery and sexual battery.
In addition, if you are subject to a protective order that bars you from possessing a gun, California law makes it a crime to own a gun. California police are also required confiscate any firearms after a domestic violence arrest that were allegedly used during the offense, are in plain sight, or discovered during a lawful search.
As you can see, domestic violence charges and convictions can have a serious impact on your ability to own a gun. As an experienced Los Angeles criminal defense attorneys, we understand how these types of charges — including false charges — can affect your life in a variety of ways. That is why our firm works collaboratively with clients to defend them against domestic violence charges in Los Angeles and throughout Southern California.
If you have been charged with a domestic violence crime or any other crime, you will need a seasoned Los Angeles criminal defense attorney. Contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation today.
