Domestic Violence Convictions and Gun Rights

In the United States, under the Second Amendment one has the right to bear arms. However, those rights can be taken away due to a conviction banning and individual the right to bear arms for their own defense. In today’s episode, Colby Kanouse talks about the effects a domestic violence conviction can have on an individual’s right to possess a firearm. He also talks about how an individual is able to get a domestic violence conviction set aside in order to restore one’s gun rights if they were not lost under Federal Law.

Domestic Violence Video Transcript

All right folks, this is Colby Kanouse back again to talk to you a little bit about Domestic Violence Convictions and the affect that they can have on your gun rights.  Everybody knows that generally you have the Right to bear arms.  That Right is not absolute and you can lose it under certain situations.  One of the ways you can lose it is if you get convicted of certain Domestic Violence Offenses.

Now a lot of people think that any type of Domestic Violence Offense can cause them to lose their gun rights and that’s not necessarily the case.  It’s Federal Law at work here and what the Federal Law says is, that you only lose your gun rights if you are convicted of an offense that involves the use of force, a threatened use of force or the threatened use of a deadly weapon.

So, if you’re convicted of a Domestic Violence Offense like disorderly conduct, that doesn’t necessarily apply.  Obviously though a conviction for an assault or something that obviously includes the use of force and has as its element the use of force, the attempted use of force, or the threatened use of a deadly weapon, then you’re going to lose your gun rights under Federal Law.  But if you do lose your gun rights under Federal Law, that’s not the end of the story.  In fact, you can get them back.

The easiest way to restore your gun rights, if you get convicted of a Domestic Violence Offense that would result in the loss, is to get the conviction set aside.  So, in the event you have a conviction for an offense like that and you would like the chance to get your gun rights back give us a call and we can help you get that conviction set aside.