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How do you get gun rights back after domestic violence charge in ca?
Wiki User
∙ 13y ago
Possible is the correct word. It will require a pardon from the Governor of California. Start by hiring an attorney- you will first need to petition the Superior Court for a Certificate of Rehabilitation. If granted, that becomes a petition for pardon from the Governor. It is his decision ONLY whether a pardon should be granted.
Wiki User
∙ 9y ago
Wiki User
∙ 9y agoCalifornia takes domestic violence seriously. There is no over-riding impulse to restore gun rights to someone convicted of felony or misdemeanor domestic violence. In fact, it is counterintuitive to return gun rights to a person who has been convicted of domestic violence since they are most likely to repeat their offense. In addition, access to firearms yields a more than five-fold increase in risk of intimate partner homicide according to a recent study, suggesting that abusers who possess guns tend to inflict the most severe abuse on their partners. (See link)
The laws in California make it a felony for any person convicted of a felony to possess a firearm. If you are convicted of felony domestic violence anywhere you are prohibited from possessing a gun in California for life. If you are convicted of misdemeanor domestic violence in California you are prohibited from owning a gun for 10 years. However, federal law may kick in.
Under federal law most domestic violence convictions result in a lifetime firearms ban. Federal law takes precedence but it allows for the restoration of gun rights if the original conviction has been expunged or set aside, or if the person has been pardoned or had civil rights restored. If a felon wants their gun rights back they would need a compelling reason and a good lawyer to argue their case. Courts have repeatedly ruled that laws that prohibit felons from possessing guns do not violate the Second Amendment right to bear arms.
http://www.americanbar.org/groups/domestic_violence/resources/statistics.html
Wiki User
∙ 9y agoNope. The only way you're going to do this is to get the conviction completely overturned. As per the Lautenberg Amendment - otherwise known as 18 USC § 922(g)(9) - nowhere in the United States - this includes all states and territorial possessions - are you allowed to purchase, possess, or be allowed access to firearms or ammunition after any domestic violence conviction, whether it be a misdemeanor or a felony.
Wiki User
∙ 13y agoYou dont its ur fault you got charged with domestic violence hahaha lozer
Wiki User
∙ 11y agoyou go to a shopkeeper and say can i have my gun license back
by emobro123
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Can a person get their gun rights back after a misdemeanor domestic violence charge in Virginia?
no
How do you get gun rights back after a domestic violence conviction in Maryland?
Consult with a lawyer familiar with Maryland state firearms laws.
Can you own a firearm with an assault charge and domestic violence in AZ?
You need to talk to a lawyer. The process to get your right back to own a firearm is not easy.
How do you go bout getting your gun rights back for hunting if I'm a felon in Wisconsin?
I've never heard of the charge of "Domestic Disorderly Conduct." If that is the same as DOMESTIC VIOLENCE or DOMESTIC ASSAULT - then there is very little chance. Check with your local law enforcement authorities.
Can a nc resident get their rights back to own a firearm for domestic violence?
Doubtful. You can give it a try with an attorney, but be prepared to find out the answer is still no.Additional: No. It is prohibited by federal law - the Lautenberg Amendment to the Federal Firearms act of 1968. It specifically prohibits ANYONE who was ever convicted of domestic violence from ever possessing a firearm.See below link:
How do you get your gun rights back if convicted of domestic violence in VA?
The simple answer is that you don't. The state doesn't matter - the Lautenburg Amendment is a matter of federal law, and applies to all states and territories of the United States.
How do you get your gun rights back after a misdemeanor domestic battery charge?
Start by contacting an attorney in YOUR state. Processes and procedures vary state to state, and this is one you WILL need professional legal help.
Can a person get their gun rights back after a domestic violence conviction?
YesYou must be kidding!!! Under federal law, 18 USC 921 (33), any person convicted of a domestic violence (DV) charge, felony or misdemeanor, is not allowed to own any firearm. There is an exception if the charge is vacated under state law, and the state law is either silent about or allows the restoration of firearm rights. Check with your state. I am working on a case now in which there was a conviction under the DV charge, the case was reopened and the charge was reduced to a minor misdemeanor that would not affect gun ownership. The state agency said no, and the person is incarcerated facing unlawful possession charges, a felony. You must check with your state law, it would b advisable to contact an attorney in your state to find out if your right can be restored to avoid a possible prison term for a serious felony.
You were convicted of domestic violence in Idaho and need to know how to get your gun rights back?
You will need three things. A lawyer who is well versed in the federal and state law regarding your situation. A lot of money. A lot of patience. Be prepared for the answer to be no.
Did Bill Evans get arrested for assault?
There is no information or record of Bill Evans, the jazz pianist, being arrested for assault. He was known for his music, particularly his innovative approach to jazz piano, and there are no reports of any criminal activity associated with him.
What method did Elizabeth Cady Stanton use?
Elizabeth Cady Stanton assisted victim's of domestic violence. During this time she saw the way the laws were so unjust for women without means. Along with Lucretia Mott and other reformers, Stanton organized a convention to discuss womenâ??s rights. They advocated for changes in the lives of women regarding property rights, equal education, employment opportunity, more liberal divorce provisions, and child custody rights.
Have been abused by US citizen?
If you have been abused by a US citizen, look up a domestic violence shelter or helpline n your area. If you need a safe place to stay let them know. If you are illegally here you may be eligible for special rights. If he has taken your papers you may get help in getting them back. The most imporatnt thing to remember is the # 1 killer of American woman is dometsic violence... Your safety should come first, so take the steps to get help. Let the domestic violence shelter help you. They usually have a legal law center that will help you.... Good luck...
