You Can Never Own a Gun if You are Convicted of Domestic Violence
If you are convicted of domestic violence in California, you face harsh penalties that will impact you for the rest of your life. Depending on the circumstances of your case, you could face up to four years in prison and fines of up to $6,000 if you are convicted of a domestic violence offense. Additionally, under a new California law that took effect on January 1, 2019, you could lose your right to own a gun for the rest of your life if you are convicted of domestic violence.
Gun Ban for Domestic Violence Convictions (AB 3129)
Before January 1, 2019, persons convicted of felony domestic violence faced a lifetime ban on owning or possessing a firearm, while those convicted of certain
misdemeanor domestic violence crimes (such as offenses involving no physical injury) faced a 10-year ban on owning a gun.
However, as of January 1, 2019, Assembly Bill 3129, which amended California Penal Code Section 29805 relating to firearms, took effect. This law – approved by then-governor Jerry Brown in 2018 – prohibits anyone convicted of misdemeanor domestic violence from owning or possessing a gun for life.
Penalties for Illegally Possessing a Firearm (PC 29800)
Under California Penal Code Section 29800, if you own, purchase, receive or possess a firearm while prohibited by law from doing so, you could be charged with a separate crime that carries severe penalties.
If you are convicted of illegally possessing a firearm, you face a sentence of 16 months, 2 or 3 years in state prison and up to $10,000 in fines.
Can You Restore Your Gun Rights after a Domestic Violence Conviction?
There may be some options for you to restore your gun rights if you were convicted of a domestic violence offense. Our skilled domestic violence defense attorneys can help you find out if you are eligible to apply for a Certificate of Rehabilitation and/or Governor’s Pardon. One of these relief options may allow you to restore your gun rights.
The process for applying for a Certificate of Rehabilitation and/or Governor’s Pardon is highly complex. You will need the help of an experienced criminal defense attorney in order for you to have your best chance to have your application for a Certificate of Rehabilitation and/or Governor’s Pardon granted.
Contact Our Skilled Domestic Violence Defense Attorneys at Wallin & Klarich Today
A domestic violence conviction could have consequences that impact you for the rest of your life. That is why you should contact our knowledgeable domestic violence defense attorneys at Wallin & Klarich immediately if you or someone you love has been accused of domestic violence.
At Wallin & Klarich, our skilled domestic violence defense attorneys have more than 40 years of experience successfully defending clients facing serious domestic violence and gun 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 violence defense 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.
