Will I lose my gun rights if I am convicted of a domestic violence offense?

There are many domestic violence offenses which can cause you to lose your gun rights. This area of the law is especially complex, and fact specific. If you have questions about whether or not a conviction for a domestic violence offense has caused you to lose your gun rights, it is best for you to set up an appointment with our office so that we can give you guidance based upon your specific circumstances.

Generally, you can lose your gun rights for a domestic violence offense in the following ways:

1. Under Federal law, you are prohibited from receiving, purchasing, or possessing a firearm if you have been convicted in any court of a misdemeanor crime of violence. 18 U.S.C. 922(g)(9). A misdemeanor crime of domestic violence is defined as an offense that is a misdemeanor under Federal, State, Tribal, or local law, and 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, by a person similarly situated to a spouse, parent, or guardian of the victim, or by a person who has a current or recent former dating relationship with the victim. 18 U.S.C. 921(33)(A). However, important exceptions to this rule exist.
2. Under Federal law, you are prohibited from receiving, purchasing, or possessing a firearm if you are subject to a domestic violence restraining order. 18 U.S.C. 922(g)(8). Again, important exceptions exist.
3. Under State law, you are not eligible for a concealed handgun permit if you have been convicted of certain domestic violence offenses. N.C.G.S. 14-415.12.
4. Under State law, if a person is subject to a domestic violence protective order, it is unlawful for that person to possess, purchase, or receive or attempt to possess, purchase, or receive a firearm, machine gun, ammunition, or permits to purchase or carry concealed firearms if ordered by the Court for so long as that protective order or any successive protective order entered against that person is in effect. N.C.G.S. 14-269.8.

Can I get my gun rights restored if I was convicted of a domestic violence offense?

This is a complicated and fact specific situation. First, it must be determined whether or not you have actually lost your firearms rights. Next, we need to know why you lost your rights. In some cases, it might be possible to restore your gun rights with an expungement.

How long will I lose my gun rights if I was convicted of a domestic violence offense?

Unfortunately, for a conviction of most misdemeanor crimes of domestic violence, you will lose your gun rights for life. As of the date of this content being written, the United States Supreme Court is considering whether or not this lifetime ban on gun rights is constitutional in United States v. Rahimi.