Personal Injury, Criminal Law, Traffic Violations, and Family Law & Divorce

Ruling clarifies domestic violence convictions and firearms

On Behalf of | Jun 30, 2016 | Domestic Violence

We have often discussed how much a domestic violence conviction can have on your life. The United States Supreme Court has recently clarified that a domestic violence conviction can prevent a person in the United States from owning a firearm. That ruling might have you wondering exactly what you need to do to fight against the charges.

The ruling provided an important clarification that some people might be interested in learning. The court was asked to determine if the ban on owning firearms after a domestic violence conviction applied to all convictions, including misdemeanors and those that were based on recklessness instead of intent.

The court decided that misdemeanor assault, as well as cases based on reckless actions, can trigger the gun ban. The decision was based on the fact that the same actions that cause harm are present in cases that are based on intent and those that are based on recklessness.

People who are opposed to this ruling, including Supreme Court Justice Clarence Thomas, note that the firearm ban shouldn’t apply to actions that are simply reckless. Justice Thomas noted that recklessly swinging a bat too close to another person isn’t the same thing as someone throwing a punch. He also noted that the lifetime ban on firearms that is based on misdemeanor assault conviction violates a person’s Second Amendment rights.

Even though the justice made those remarks, it doesn’t change the fact that people who are convicted of any domestic violence charges can’t own firearms. If you want to have a firearm and are facing domestic violence charges, you need to work hard on your defense if you want to have any chance of being able to own a gun.

Source: The Washington Post, “Supreme Court: Domestic abusers can be banned from owning firearms,” Ann E. Marimow, June 27, 2016