Criminal Defense Attorney | Can I Own a Gun If I’m Charged with Domestic Violence?
Jan 31
- Your current or ex-spouse
- Someone you currently or formerly lived with
- Someone you have a child with
- Someone you became pregnant by or have impregnated
- Someone related to by blood or law
- A child you currently or have lived with and is a blood relative of a spouse or household member
- A current or former romantic or sexual partner
Because the state is concerned with the welfare of its residents, it takes acts of domestic violence seriously. As such, it imposes various sanctions and restrictions upon those involved in these matters. One such punishment you can face is a ban on possessing or purchasing a firearm. That prohibition isn’t triggered simply because of a domestic violence charge. However, there are several situations in which you must surrender your firearms if you’ve been accused of an offense.
As Part of a Domestic Violence Report
When someone calls the police alerting them of a possible domestic violence incident, an officer will be dispatched. Once there, the officer may ask if a firearm is present at the location. If anyone answers affirmatively or the officer sees a gun nearby, they may, if the weapon is in plain view or they have a search warrant, seize it.
If your gun is taken by an officer after responding to a domestic violence call, it will be held at the police department for a minimum of 72 hours. This period can be extended if the prosecutor, believing that you may harm the alleged victim, files a request to the court to have the weapon retained.
To determine whether or not to return your firearm to you, the court will schedule you for a hearing.
As Part of a Protective Order
If a family or household member claims you have or will harm them, they can ask the court to issue a domestic violence protective order against you to prohibit you from engaging in such conduct. If the court decides that a protective order is warranted, you may be subject to various conditions, including an order to surrender your firearm. You will also be prohibited from purchasing additional guns.
You will be subject to the firearm ban for the duration of the protective order, which is one year.
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