Domestic violence charges in California are increasingly becoming a politically charged issue, especially when it comes to our fundamental rights. While we all have the right to bear arms, a conviction of a domestic violence-related charge results in a significant loss-the right to bear arms is stripped for a minimum of ten years.
This seems unfair to many people, but it is the legislature's way of trying to protect victims of domestic violence. They feel as though anybody who takes it to the level of injuring their spouse, loved one, or otherwise should not have the ability to bear arms. Therefore, they will put a ten-year weapon ban on anyone convicted of a domestic violence-related charge.
This is interesting because many times in domestic violence cases, the person has no criminal record. It's not a horrible situation where there's a bad injury; we can get other charges besides California Penal Code Section 273.5, which is the domestic battery charge, or even Penal Code Section 243(e), which is the domestic violence charge related to a boyfriend/girlfriend/significant other where the people are not married.
Some of the other charges that we can get are just a simple battery – Penal Code Section 242; disturbing the peace – Penal Code Section 415; trespassing – Penal Code Section 602(j)—a host of other lesser included misdemeanor charges. However, you still lose your ability to bear arms if you get convicted of one of these charges. Our Los Angeles criminal defense attorneys will review further below.
Avoiding a Criminal Conviction is the Key
The only way to avoid the ten-year weapon ban is to prevent a criminal conviction. Your attorney must either persuade the prosecutors to dismiss the case or secure a not-guilty verdict in a jury trial.
I recently had a case where a law enforcement officer got convicted of battery, and we were attempting to get his ability to own, use, and possess a weapon for work so he wouldn't lose his employment. They've carved out a slight exception related to law enforcement officers if they can show certain things where they can use their weapon even though they have a domestic violence-related offense.
However, this exception could be more extensive. For instance, if someone is charged with a simple battery against a third party unrelated to a spouse, a law enforcement officer will still lose their ability to own, use, or possess a weapon. This loss could potentially lead to the loss of their job, amplifying the consequences of a domestic violence-related charge.
The reason it appears they've carved out this domestic violence exception for purposes of law enforcement officers who are convicted of spousal abuse charges seems to be because they want to allow still those officers to work under certain circumstances if they can prove certain things; they have a good track record, and they don't want to pit family members against each other, or the person is forced to go to trial because their job is on the line and where the victim's spouse is then going to end up losing income as well because their spouse loses their job and can no longer work in their chosen field.
The intersection of domestic violence and weapons is a highly complex and politically charged issue. Prosecutors and judges rigorously enforce the legislature's bans on weapons in domestic violence cases, making professional legal guidance essential.
Therefore, if you find yourself in such a scenario, it's crucial to have a detailed discussion with your criminal defense attorney. By providing them with all the facts and details, you can make informed decisions about the future of your domestic violence case, bearing in mind the potential loss of your ability to own, use, or possess a weapon for the next decade if a conviction is reached.