Gun Rights After A Domestic Violence Conviction
For good or ill, the right to bear arms is one enshrined in the U.S. Constitution, and is taken advantage of by many Floridians. However, this right is not unfettered – there are situations in which your right to possess or use firearms can be lost, either temporarily or permanently. Having a domestic violence injunction (DVI) or a conviction for a domestic violence crime on your record is one of the more common ways.
Convictions Or Injunctions
Both federal and Florida law place restrictions on firearm ownership. Federal law bars people with DVIs from purchasing or possessing firearms or ammunition, but only if certain criteria apply. If the injunction against a person (1) was issued after a hearing in which they had the opportunity to participate; (2) prohibits threats or physical violence; and (3) explicitly prohibits firearm possession. Florida law echoes these criteria, and also specifies that a person may not retain a concealed carry permit if they have an active DVI.
In addition, a provision of federal law known as the Lautenberg Amendment states that a person who has been convicted of a ”misdemeanor crime of domestic violence” may not own a firearm, if the alleged crime was committed against a spouse or someone ‘comparable to a spouse.’ Florida courts have been fairly clear about the criteria to show that a relationship is ‘comparable to a spouse’ – for example, if two people hold themselves out as a married couple, their case would qualify.
Different Potential Outcomes
If you have been convicted of a crime of domestic violence, you will generally not be permitted to own firearms again in the United States unless your conviction is overturned. The potential danger of gun owners who will use their weapons for negative purposes is simply too great to allow someone who has already done so to keep their weapons.
If you have had a DVI issued against you, you will be asked to surrender your firearms and ammunition, usually to local law enforcement. Unless the injunction is permanent (which is quite rare), law enforcement will usually retain these weapons until the injunction is lifted. The court may also ask you to verify that you have indeed surrendered these weapons, with failure being actionable. However, you may also choose to challenge the injunction. The right attorney can help increase your chances of success.
Contact A West Palm Beach Domestic Violence Attorney
If you have been charged with a crime of domestic violence, it is important to act quickly to protect your rights. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help guide you through the legal process and ensure you get your day in court. Call our office today to schedule a consultation.
