When neighbors or other concerned parties report a domestic dispute to the police, the fallout can be severe. Police officers who witness the tail end of a domestic altercation may opt to arrest one of the people involved. That person may then face domestic violence charges that could carry a prison sentence and other serious penalties. Even if the other party does not want the state to press charges, the state may pursue the case without their involvement.
One of the most potentially concerning consequences of a domestic violence conviction is the loss of the Second Amendment right to lawfully own and carry firearms. Can a plea bargain negotiated in response to a domestic violence charge protect a defendant’s legal right to own guns?
Plea deals do not limit all consequences
Federal regulations are what establish the prohibition on firearm ownership after a domestic violence conviction. Lawmakers expanded prior protections that only applied to felony domestic violence convictions years ago.
Any conviction related to domestic violence, even misdemeanor offenses and charges that do not include the phrase “domestic violence” in their names may result in a termination of the defendant’s second amendment rights indefinitely. The goal of this strict rule is to prevent domestic violence from leading to homicide.
For those concerned about preserving lawful firearm ownership, an assertive defense resulting in the dismissal of pending charges or an acquittal is the best way to avoid the Second Amendment consequences of a domestic violence charge.
Working with a criminal defense attorney can help those facing domestic violence allegations understand the possible penalties and review different options for fighting the charges that they’re facing.