A domestic violence conviction can prohibit a person from possessing firearms or ammunition under California law, federal law, or both. The length and scope of the prohibition depend on the specific conviction and other circumstances, so a person should not assume that a misdemeanor conviction results in only a temporary firearm restriction.
California and federal firearm laws impose significant restrictions on people convicted of certain domestic violence offenses.
Determining whether someone may legally own, purchase, receive, or possess a firearm requires more than simply knowing whether the conviction was a misdemeanor or felony.
Important factors include:
- The exact statute of conviction
- Whether the conviction was a misdemeanor or felony
- When the conviction occurred
- The relationship between the defendant and the victim
- Whether California or federal firearm prohibitions apply
- Whether a restraining or protective order is currently in effect
Because state and federal law can apply independently, the expiration or removal of one firearm prohibition does not necessarily mean a person may legally possess a firearm.
Can a Domestic Violence Misdemeanor Affect Gun Rights in California?
Yes.
California Penal Code section 29805 prohibits people convicted of numerous specified misdemeanor offenses from possessing, purchasing, receiving, or having custody or control of firearms.
Domestic violence-related offenses can fall within these restrictions.
However, it is inaccurate to assume that every California domestic violence misdemeanor produces exactly the same firearm prohibition.
The exact conviction matters.
What Happens After a Domestic Battery Conviction?
Penal Code section 243(e)(1) addresses battery against certain people with whom the defendant has a qualifying domestic relationship.
A misdemeanor conviction under this statute can result in a California firearm prohibition.
Federal law may impose an additional prohibition if the conviction qualifies as a misdemeanor crime of domestic violence under federal law.
As a result, someone whose California firearm prohibition has expired should not automatically assume that he or she is legally permitted to possess a firearm.
What Happens After a Penal Code Section 273.5 Conviction?
Penal Code section 273.5 generally addresses willfully inflicting corporal injury resulting in a traumatic condition upon a qualifying spouse, former spouse, cohabitant, fiancé, dating partner, or other person covered by the statute.
A felony conviction can result in a lifetime California firearm prohibition.
California law also imposes a lifetime firearm prohibition following certain misdemeanor convictions under Penal Code section 273.5 occurring on or after January 1, 2019.
This is an important reason older statements that all misdemeanor domestic violence convictions result in only a 10-year California firearm prohibition are no longer accurate.
What About Other Domestic Violence-Related Convictions?
Domestic violence cases can involve many different criminal charges.
Depending on the circumstances, these can include:
- Domestic battery
- Corporal injury
- Criminal threats
- Stalking
- Assault
- Violation of a protective order
- Other offenses arising from a domestic dispute
The firearm consequences depend on the actual offense of conviction rather than simply whether the underlying incident was described as “domestic violence.”
For information about defending these charges, visit our Fresno Domestic Violence Attorney page.
Does Federal Law Also Prohibit Firearm Possession?
Potentially.
Federal law contains its own firearm prohibition for people convicted of qualifying misdemeanor crimes of domestic violence.
The federal definition and requirements are separate from California’s firearm laws.
That distinction is extremely important.
A person might reach the end of a California firearm prohibition while still being prohibited from possessing firearms under federal law.
Similarly, the fact that a California conviction was labeled a misdemeanor does not by itself answer whether the federal prohibition applies.
The underlying offense, required elements, domestic relationship, procedural history, and other factors can matter.
Do Federal Domestic Violence Firearm Laws Apply to Dating Relationships?
Federal domestic violence firearm law has changed over time.
Older explanations of federal law frequently stated that the misdemeanor domestic violence firearm prohibition did not apply when the defendant and victim were merely dating.
Federal law has since been amended to address qualifying current or recent dating relationships.
Because the rules governing dating relationships include definitions and provisions that differ from those involving spouses, co-parents, and certain other domestic relationships, someone should not rely on an old conviction date or an old explanation of the Lautenberg Amendment when determining current firearm eligibility.
Can a Domestic Violence Restraining Order Affect Gun Rights?
Yes.
A person can be prohibited from possessing firearms or ammunition because of a restraining or protective order even when there has been no domestic violence conviction.
California domestic violence restraining orders can include firearm and ammunition restrictions.
Criminal courts can also issue protective orders in domestic violence cases.
The existence and duration of these orders are separate from any firearm prohibition resulting from a criminal conviction.
A person subject to an active restraining or protective order must continue complying with its firearm provisions unless and until the order expires or is lawfully modified or terminated.
Does Expungement Restore Gun Rights?
Not automatically.
California Penal Code section 1203.4 allows many qualifying convictions to be dismissed in a process commonly referred to as expungement.
A dismissal can provide significant benefits, but it should not be treated as automatic restoration of firearm rights.
State and federal firearm prohibitions must be analyzed separately.
Someone whose domestic violence conviction has been dismissed should therefore not attempt to purchase or possess a firearm solely because the criminal case now shows a dismissal.
For more information about clearing a domestic violence conviction, see our guide to expunging a domestic violence conviction in California.
Does Reducing a Felony to a Misdemeanor Restore Firearm Rights?
Not necessarily.
Some California felony convictions are “wobblers” that may qualify for reduction to misdemeanors under Penal Code section 17(b).
Although misdemeanor reduction can have important legal consequences, firearm eligibility requires a separate analysis.
The effect of a reduction depends on the particular conviction and the state and federal firearm laws that apply.
A person should not assume that obtaining a felony reduction automatically makes firearm possession lawful.
What If the California Firearm Prohibition Has Expired?
The expiration of a California prohibition does not necessarily establish that a person can legally possess a firearm.
Federal law may independently prohibit possession.
There may also be another California prohibition arising from:
- Another criminal conviction
- A restraining or protective order
- Probation or parole
- Certain juvenile adjudications
- Other circumstances specified by California law
Before attempting to acquire or possess a firearm, all potentially applicable prohibitions should be reviewed.
How Can You Check Whether You Are Eligible to Possess a Firearm?
Someone who is uncertain about California firearm eligibility should not test the issue by attempting to purchase a gun.
California provides a Personal Firearms Eligibility Check process through the Department of Justice that allows an individual to request a determination of firearm eligibility.
However, California eligibility does not necessarily resolve every question involving federal firearm law.
A person with a domestic violence conviction may therefore need to review both California and federal restrictions before possessing or attempting to acquire a firearm.
What Happens If a Prohibited Person Possesses a Firearm?
Possessing a firearm while legally prohibited can result in a new criminal prosecution.
Potential charges depend on the basis for the prohibition and the circumstances of the alleged possession.
These cases can also involve questions about whether the defendant knowingly possessed the firearm, whether the firearm belonged to someone else, and whether law enforcement discovered it through a lawful search.
For information about defending firearm charges, visit our Fresno Gun & Weapons Charges Attorney page.
What Should You Do If You Are Unsure About Your Firearm Rights?
Do not assume that an old misdemeanor, an expungement, the expiration of a restraining order, or the passage of a particular number of years automatically restores firearm rights.
California and federal law can produce different results.
The safest approach is to determine:
- The exact statute of conviction
- The date and classification of the conviction
- Whether California currently prohibits possession
- Whether federal law independently prohibits possession
- Whether any restraining order or other prohibition remains active
Only after those questions are resolved should firearm eligibility be determined.
Talk to a Fresno Criminal Defense Attorney About Domestic Violence and Firearm Restrictions
Firearm restrictions following a domestic violence conviction can be complicated because California and federal law operate independently and have changed substantially over time.
Gregory W. Fox has more than 20 years of experience handling California criminal cases, including domestic violence and firearm-related charges.
If you have questions about the criminal consequences of a California domestic violence conviction or are facing charges involving prohibited firearm possession, call the Law Office of Gregory W. Fox at (559) 222-5800 to request a confidential consultation.