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Can I Own a Gun If I’m Convicted of Domestic Violence?

Posted by Jarrod M. Wilfert | Apr 24, 2019 | 0 Comments

Domestic battery occurs when an individual intentionally commits any harmful and unlawful touching against a current or former spouse or fiancé, a current or former dating partner, the other parent, or another household member. In order to be convicted of this domestic violence offense, the prosecution must show that unlawful touching occurred, as opposed to any injuries suffered by the victim.

If you are convicted of domestic battery in California, you could face a maximum one-year jail term and fines no more than $2,000. In addition, you will lose the right to own, buy, or possess a firearm.

Effective January 2019, a person who was convicted of a misdemeanor domestic violence crime is not allowed to possess or own a gun for the rest of his/her life, according to AB 3219 that amended Penal Code Section 29805.

Even if you expunge the conviction from your criminal record, your lifetime ban will remain intact. However, there are a few options.

If you obtain a Certificate of Rehabilitation, this may be enough to prove your gun rights should be restored. On the other hand, “full and unconditional pardon,” such as a Governor's Pardon, may restore your gun rights.

If you have been charged with a domestic violence offense in Ventura County, our legal team at Wilfert Law P.C. can protect your rights, freedom, and reputation throughout the criminal justice process. We can even help you explore options to regain your gun rights.

For more information, contact us at {F:P:Site:Phone) and schedule a free consultation today.

About the Author

Jarrod M. Wilfert

Founding Attorney A Reputation of Excellence Jarrod M. Wilfert has been involved in criminal law for over a decade and as a former Police Officer, Prosecutor and certified Drug Recognition Expert, he brings a unique and aggressive perspective to the practice of criminal defense and civil litig...

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