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How California domestic violence laws affect firearms possession

On Behalf of | Jan 21, 2022 | Domestic Violence |

Anyone who is convicted of domestic violence is prevented from possessing firearms. This prohibition applies in California and the rest of the U.S. It is designed to address cases of assault, battery, stalking and harassment.

Certain conditions under domestic violence laws

Domestic violence laws in the U.S. and California affect laws regarding the possession of firearms. Under federal law, anyone convicted of domestic violence is banned from owning firearms for life. However, in California, the ban is for only 10 years after a conviction.

Additional types of bans

In 2018, California passed a lifetime ban on firearms to people convicted of inflicting corporal injury on a spouse, romantic partner or child’s mother or father. If they are charged but not yet convicted of a misdemeanor, they are prohibited from buying or possessing firearms.

This ban applies to people who are issued temporary restraining orders or injunctions in regard to stalking or harassment. The order also applies to victims of workplace violence along with domestic violence. Victims can obtain a protective order to prohibit the possession of firearms against spouses, live-in partners and family members of domestic violence.

Domestic violence laws are enforced seriously

California does not allow perpetrators of domestic violence to own or buy firearms if they are issued restraining orders. The state courts must run a background check to determine if the subject of a restraining order currently possesses a firearm. After being served with a protective order, individuals are required to hand over their firearms to the authorities immediately.

If an individual banned from owning a firearm is found to possess one, it could result in additional criminal charges. It could also affect a pending criminal case.