Domestic Violence Convictions Impact Gun Ownership in California

family law legal adviceIn CA, the law has placed restrictions on those convicted of domestic violence as a standard practice. For example, one’s Second Amendment rights were instantly stripped for ten years, barring a convicted individual from legally possessing a firearm. 

There are very few exceptions to this rule. Once the right has been stripped, the only ways to possibly fight this is via a pardon or an expunction. Both are difficult uphill battles that don’t always result in a favorable outcome. 

Recent CA Law Changes Turn This Ban Into a Longer Term

In 2019, a change to the law passed by Gov. Jerry Brown took effect which greatly extended the duration of gun ownership restrictions on those convicted of domestic violence. Under Penal Code section 273.5, the restriction makes it illegal for the convicted to own a firearm for the remainder of their life. If caught with a firearm, a person could face a misdemeanor charge that results in up to 364 days of jail, a fine up to $1,000, or possibly even both.

Penal Code section 273.5 defines domestic violence as an act of willful corporal injury on an individual who has a domestic relationship with the accused. This can include:

  • Spouses
  • Children
  • Boyfriends/girlfriends
  • Roommates

What Are the Options for Restoring Gun Rights in California?

As stated, this can be an uphill and lengthy battle. However, with the right attorney on your side, you should take the time to explore the options that are available. Consult with a qualified professional who can look at the facts and help determine whether your case is a good candidate for Certificate of Rehabilitation or a Governor’s Pardon.

Applying for either of these is a lengthy and complicated process. You’ll want to have a seasoned expert on your side. 

At R & S Law Group, LLP, we understand that domestic violence convictions carry life-long implications. These consequences can be devastating in the long-term, and we firmly believe that every case should be looked at thoroughly. 

Learn more about how our attorneys can help with this or any other matter relating to family law in CA. We provide free initial consultations, and always make sure we’re fully on the same page before moving forward. Call us at (949) 825-5245 today to book a free initial consultation.