Many people recognize that laws can limit people’s Second Amendment rights after serious criminal convictions. People with felony offenses on their records, especially violent felonies, are subject to firearm restrictions. They may not be able to own a firearm after they plead guilty to or get convicted of a serious felony offense.
Fewer people realize that some misdemeanor offenses can also affect lawful firearm ownership. When do seemingly less serious crimes affect Second Amendment rights and put people at risk of future firearm charges?
Domestic violence rules are strict
Felony convictions for domestic violence are among the offenses that typically end a person’s lawful right to possess and own firearms. Frequently, domestic violence defendants want to negotiate plea bargains to lesser crimes to avoid the consequences of a felony, including firearm restrictions.
However, federal regulations prohibit firearm ownership after a conviction for any offense related to domestic violence. People who accept a plea bargain to a lesser charge or even a crime that does not contain the phrase “domestic violence” are still at risk of firearm restrictions.
If they end up caught in possession of a firearm later, they could face gun charges. Prior convictions can influence not only the likelihood of charges but also the sentence that the courts impose after a conviction or guilty plea. A prior record often leads to more serious criminal sentencing.
Learning more about state and federal firearm restrictions can help people limit the risk of future gun charges. Anyone accused of a firearm crime because of a prior conviction rather than misconduct may need legal guidance to avoid the worst penalties possible.