March 25, 2019 By Paul Wallin

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Domestic Battery and Gun Rights (PC 243(e)(1))

A domestic battery conviction could lead to harsh penalties. If you are convicted of domestic battery under PC 243(e)(1), you face up to 364 days in county jail and fines of up to $2,000. You may also be required to complete a batterer’s class. Additionally, you will lose your right to possess, own or purchase a firearm. Let’s take a closer look how a domestic battery conviction impacts your gun rights.

What is Domestic Battery? (PC 243(e)(1))

Under PC 243(e)(1), the crime of domestic battery occurs when you willfully commit any unlawful touching that is harmful or offensive against:

  • Your spouse or former spouse
  • A cohabitant or former cohabitant
  • Your fiancé or former fiancé
  • Someone you are currently or were formerly dating, or
  • The mother or father of your child

To be convicted of domestic battery does not require that you caused the victim to suffer injury. You can be convicted of domestic battery if you made any harmful or offensive touching that is unlawful.

Now, let’s examine what happens to your gun rights if were convicted of domestic battery:

How a Domestic Battery Conviction Impacts Gun Rights

You will be prohibited from purchasing, owning or possessing a firearm if you are convicted of a domestic violence crime, regardless if it is a felony or a misdemeanor. Effective January 1, 2019, Penal Code Section 29805 was amended (under Assembly Bill 3129) to prohibit anyone convicted of a misdemeanor domestic violence offense from owning or possessing a gun for life.

Can I Restore My Gun Rights?

What if you wish to restore your gun rights after you have been convicted of domestic battery? An expungement will not restore your gun rights if you have a lifetime ban on possessing a firearm, but there may be some options for you.

A Governor’s Pardon may restore your gun rights if it is a “full and unconditional pardon.” In some cases, a Certificate of Rehabilitation may be enough to restore your right to possess a firearm. The best thing you could do is speak to our experienced domestic battery attorneys at Wallin & Klarich so we can determine what option will work best for you and find out if you are eligible for post-conviction relief.

Contact the Domestic Battery Attorneys at Wallin & Klarich Today

If you or someone you love has been accused of domestic battery under PC 243(e)(1) or any other domestic violence offense, it is important that you speak with an experienced domestic battery attorney immediately. At Wallin & Klarich, our skilled criminal attorneys have more than 40 years of experience successfully defending clients facing domestic battery charges. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich domestic battery attorney available near you no matter where you are located.

Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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