How Domestic Violence Convictions Impact Your Right to Own a Firearm

Domestic violence convictions carry significant consequences that can extend far beyond criminal penalties, affecting employment opportunities, housing prospects, and even the right to own firearms. For individuals in Georgia, including Atlanta and surrounding areas, understanding these implications is crucial to navigating life after a conviction. The Spizman Firm is here to help.
Federal and State Laws on Firearm Ownership
Under federal law, individuals convicted of a misdemeanor crime of domestic violence lose their right to possess or purchase firearms. The relevant statute, known as the Lautenberg Amendment to the Gun Control Act of 1968, applies to anyone convicted of a misdemeanor involving the use or attempted use of physical force, or the threat of a deadly weapon, against a current or former spouse, co-parent, or cohabitant.
In Georgia, state law aligns with federal regulations but can also impose additional restrictions. While Georgia law does not explicitly prohibit firearm possession for individuals convicted of misdemeanor domestic violence, federal restrictions apply, and they are strictly enforced. Moreover, individuals under a protective order related to domestic violence are also barred from possessing firearms while the order is in effect.
Key Consequences of Domestic Violence Convictions on Firearms
- Permanent Loss of Firearm Rights
A conviction for a misdemeanor domestic violence crime under federal law results in a lifetime prohibition on firearm ownership. This restriction applies regardless of the age of the conviction, unless the conviction is expunged, set aside, or pardoned in a way that explicitly restores firearm rights. - Background Checks and Denied Purchases
Individuals convicted of domestic violence will fail background checks required for purchasing firearms. This is because the National Instant Criminal Background Check System (NICS) flags those with disqualifying convictions, preventing the completion of firearm purchases. - Implications for Georgia Gun Owners
Georgia is a gun-friendly state with broad protections for lawful firearm owners. However, residents convicted of domestic violence offenses find themselves subject to federal restrictions, which supersede state laws. Even if state law does not explicitly bar ownership, federal authorities can prosecute violators found in possession of firearms. - Challenges for Law Enforcement and Military Personnel
Domestic violence convictions can be particularly devastating for law enforcement officers and military personnel who rely on firearms to perform their duties. A conviction may result in immediate job loss and career disruption, as federal law prohibits firearm possession even in the scope of employment.
Restoring Firearm Rights After a Conviction
Restoring firearm rights after a domestic violence conviction is difficult but not impossible. Individuals must seek expungement or a pardon that explicitly reinstates firearm rights, depending on state-specific procedures. However, Georgia’s expungement laws are limited, and pardons do not automatically restore federal firearm rights. Consulting with an experienced attorney is essential for exploring these options.
Seek Legal Help Today
A domestic violence conviction has lasting repercussions, including the loss of the right to own firearms under federal law. Georgia residents, including those in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs, should seek legal advice to understand the full scope of these consequences and explore available remedies. At The Spizman Firm, our experienced Atlanta domestic violence attorneys are ready to guide you through this challenging time and protect your rights. Contact us today for a consultation.
Source:
usmarshals.gov/resources/forms/lautenberg-amendment