U.S. Supreme Court Says You Can Go to Federal Prison for Having a Gun with Domestic Violence Conviction in the Past

If you have a prior conviction for felony domestic violence in California under California Penal Code 273.5, you cannot legally possess a gun for the rest of your life.

However, California law allows you to possess a gun if you are convicted of a misdemeanor violation of domestic violence once 10 years have passed since the date of your conviction.

Federal law is much harsher. U  nder 18 U.S.C. Section 922(g)(9), you can go to federal prison if you possess a gun at any time after you have been convicted of either felony or misdemeanor domestic violence (or another state’s equivalent) in any state in the country. This ban on possessing a gun will last the rest of your life.

In a recent case, the U.S. Supreme Court was asked to lift that ban for misdemeanor convictions of domestic violence unless there was actual proof the violation involved violent acts or caused injury. However, the highest court in the nation refused to make that change in law, in a unanimous 9-0 vote.

In the opinion, Justice Sonia Sotomayor noted that part of the reasoning behind the ruling was that our country “witnesses more than a million acts of domestic violence and hundreds of deaths from domestic violence each year.”

What Does this Mean for Gun Owners?

The Supreme Court’s ruling has sweeping ramifications for potential gun owners. While you would legally be able to possess a firearm 10 years after a misdemeanor domestic violence conviction under California law, federal law says no way.

Under federal law, the circumstances surrounding your case do not matter. If you plead guilty or are found guilty of domestic violence, you will never be allowed to possess a gun.

Punishment for violating federal firearm possession laws is very harsh. If you are convicted of a misdemeanor in a federal court, you could be sentenced to one year in jail and ordered to pay fines of up to $100,000.

However, most federal firearm crimes are charged as a felony. Generally, if you are convicted of a felony pursuant to 18 U.S.C. Section 922, you can be sentenced to serve up to 10 years in federal prison and fined up to $250,000.

So What Can I Do?

Now that the Supreme Court has made its decision, there are no options left for gun owners convicted of misdemeanor domestic violence. The bottom line is that persons facing charges of felony or misdemeanor domestic violence in California will have to fight those allegations if they ever want to legally own a gun in their lifetime.

If you are facing domestic violence charges, the best way to preserve your right to own a firearm is to hire an experienced criminal defense attorney to defend you.

Common Ways You Might Win Your Domestic Violence Case

Domestic violence cases are difficult for the prosecution to prove when any or all of the following circumstances exist:

1. The alleged victim recants.

This occurs when the person who initially called 911 or spoke to the police alleging some form of domestic violence is now stating that he or she exaggerated or lied, or you were acting in self defense. If the alleged victim “recants” his or her initial statements, your criminal defense attorney will have powerful ammunition to help you obtain a dismissal or reduction of the charges.

2. The alleged victim does not wish to testify in court as a witness against you.

Domestic violence victims are a “special class” of victims in California. This means that if a domestic violence victim refuses to testify after being lawfully subpoenaed, he or she cannot be placed in jail for refusing to do so.

In most other cases, if you refuse to testify after you have been lawfully ordered to appear, the court has the power to send you to jail until you agree to testify.

Every domestic violence case is different and the outcome will depend upon the facts of the case and the unique circumstances. That is why you should never consider pleading guilty to a domestic violence charge until you have consulted with an experienced criminal defense law firm that can help you fight accusations of domestic violence.

Are federal laws regulating possession of a firearm too strict? What do you think about the Supreme Court’s recent ruling? We welcome your thoughts on this controversial matter.