Issues Regarding
Domestic Violence Charges
An individual facing a charge for a crime of domestic violence must not only consider the potential loss of their freedom upon conviction, but also the loss of their second amendment rights. Individuals convicted of crimes of domestic violence, even in the form of a misdemeanor, are prohibited from possessing a firearm under both Federal and Indiana Law. This prohibition has been upheld by the United States Supreme Court and is nearly the only misdemeanor conviction which can take away your ability to possess a firearm.
The definition of what constitutes a crime of domestic violence is broader than the charge of domestic battery alone. It is important when facing any criminal allegation involving a spouse, family member, or intimate partner to consult with an experienced attorney to determine what rights you have at stake. Additionally, individuals who have a protective order or no contact order issued against them will lose the ability to possess a firearm.
If you have received a conviction for a crime of domestic violence you may be eligible to have your gun rights restored to you through the Sentencing Court. This is not something that automatically occurs and you must petition the Court to receive consideration for having your rights restored. It must be a minimum of five years since you were convicted of the underlying crime of domestic violence. You need to have successfully completed your sentence, including any conditions that may have been placed on you through your conviction (for example anger management counseling). Courts commonly hold hearings on these matters where evidence must be presented to show that you are a proper person to have your gun rights restored under Ind. Code 35-47-4-7 (b).
If you have any questions regarding your conviction's affect on your gun rights please contact our law office at 317-787-8395. Andrew Noone has experience in Central Indiana helping clients regain their second amendment rights.