Martin & Kent, L.L.C. Martin & Kent, L.L.C.

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Guns and misdemeanor domestic abuse convictions don’t mix

A recent Supreme Court case has upheld a federal law stating that it is illegal to own firearms if you have been convicted of a misdemeanor domestic abuse charge. The determining Supreme Court case involved two men who had been convicted of misdemeanor assault charges against their romantic partners in Maine. Years after their conviction, the men were found to have both guns and ammunition in their possession, which violated the already established federal law that those who have been convicted of a misdemeanor domestic abuse charge cannot own firearms.

Frequently asked questions

Does this law apply to all types of guns?

Yes. The law applies to all types of firearms and ammunition. No firearm is exempt, including handguns. Even if you are a hunter, you are not permitted to own a hunting rifle or shotgun.

Does the ban on firearms last forever?

Yes. Under the law, those who have been convicted of a misdemeanor domestic abuse charge will never have the right to own firearms or ammunition.

What if you are in the military or law enforcement?

Even if you are military or law enforcement personnel, you are not exempt from this law. This stands true even if you are required to carry a weapon while on duty.

What if law enforcement neglects to come and take your firearms away?

Even if law enforcement agents do not confiscate your firearms and ammunition immediately, it is up to you to turn over your firearms and ammunition. If you are found to be in possession of these items at a later time, you will face serious — often worse — charges.

What to do if you have had a misdemeanor domestic abuse conviction and own a gun

If you are found to be guilty of a misdemeanor domestic abuse conviction, again, it is essential that you follow the law and report any firearms or ammunitions that may be in your possession to authorities. Keep in mind that this law does not apply to all individuals who have been found guilty of any misdemeanor. It only applies to misdemeanor domestic abuse convictions. Furthermore, there are state laws that may have additional requirements or stipulations that exceed those of the federal law.

Remember: if you have been convicted of a misdemeanor domestic abuse charge and it is found that you do indeed own ammunition or firearms, you will be in even worse legal trouble upon this discovery. This can lead to hefty fines, more jail time, and additional legal ramifications. Protect yourself by reporting all firearms and ammunition.

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