Will a Domestic Violence Conviction Affect My Gun Rights?

Written By: Matthew W. Peterson

Published: 11/01/2021

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Impact of Domestic Violence Charges on Gun Rights

Domestic violence gun rights charges will severely affect your gun license and rights. Permanently. A domestic violence conviction will prevent you from ever legally carrying a gun. This is according to both Massachusetts and Federal law. If you later carry a gun after being convicted of domestic violence, you could be subject to serious federal and state charges.

Conviction and Its Consequences

This includes a plea of guilty to domestic violence or conviction after a jury trial. A continuance without a finding (CWOF) does not count as a conviction in this case.

Arrests and Gun License Applications

Even being arrested for domestic violence can prevent you from getting a gun license. When applying for a gun license, the officer will consider your suitability. They will review your criminal record (even sealed cases) and determine whether issuing a gun license will threaten public safety. They can consider arrests for domestic violence, even if the case was dismissed, in this decision.

Importance of Legal Representation

If you care about your gun rights, you should hire an attorney to represent you if you’re charged with domestic violence. Otherwise, you could be prevented from ever legally carrying a gun in Massachusetts.

Surrendering Firearms Due to Restraining Orders

Additionally, if you have a restraining order issued against you, you could be ordered to immediately surrender all of your firearms to the police. This can be done even without you being in court.

Professional Assistance Available

The Law Office of Matthew W. Peterson have domestic violence defense attorney who represents people in all Massachusetts courts. We have also firearms attorney who can help you protect your right to carry a gun. If you’re charged with domestic violence and care about your gun rights, call or text us today at (617) 295-7500. Let’s get started on your defense.

Frequently Asked Questions (FAQs)

1. What constitutes a domestic violence conviction?

A domestic violence conviction can result from a guilty plea or a jury trial verdict. It includes any formal judgment by a court that finds you guilty of domestic violence-related charges.

2. Can I still obtain a gun license if I was arrested for domestic violence but not convicted?

Yes, even an arrest for domestic violence can impact your ability to obtain a gun license. Licensing authorities may consider your arrest record, including dismissed cases, when evaluating your suitability for a license.

3. What is a Continuance Without a Finding (CWOF)?

A Continuance Without a Finding (CWOF) is a legal outcome where the court does not enter a finding of guilt, but you may still be subject to certain conditions. In the context of gun rights, a CWOF does not count as a conviction for domestic violence.

4. What happens to my firearms if I have a restraining order against me?

If a restraining order is issued against you, you may be ordered to surrender all firearms to law enforcement immediately, even without being present in court. This can lead to the loss of your firearms rights.

5. Why should I hire an attorney if charged with domestic violence?

Hiring an attorney is crucial because they can help navigate the legal complexities of your case, protect your rights, and work to minimize the impact on your gun rights. An experienced attorney can advocate on your behalf and potentially help you avoid severe and lasting consequences.