Domestic Violence Charges And Firearms

Domestic ViolenceIt’s a federal crime to possess a firearm after being convicted of a misdemeanor crime of domestic violence. It’s illegal to possess a firearm after any felony conviction—including a felony domestic violence crime.

The federal Domestic Violence Offender Gun ban is often referred to as the “Lautenberg Amendment.” It prohibits the shipment, transport, and possession of guns or ammunition by individuals convicted of a misdemeanor crime of domestic violence or who are subject to a victim protective order. The Lautenberg Amendment also makes it illegal to knowingly sell or give a firearm or ammunition to such persons.

The victim protective order ban applies to people restrained from harassing, stalking, or threatening an intimate partner of the person or the child of an intimate partner or person or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child. An “intimate partner” is, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.

A “misdemeanor crime of domestic violence” is an offense that:

  1. is a misdemeanor under Federal, State, or Tribal law; and
  2. 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.

A person is not considered to have been convicted of a misdemeanor crime of domestic violence, unless:

  1. the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
  2. in the case of a prosecution for an offense for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either
    1. the case was tried by a jury, or
    2. the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

A person is not considered to have been convicted of a misdemeanor crime of domestic violence if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

SOURCES: 18 U.S.C. § 921 & 18 U.S.C. § 922

For more information on Domestic Violence & Firearms In Oklahoma, a free initial consultation is your next step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.