Supreme Court Continues to Prohibit Firearm Possession for Domestic Violence Restraining Orders
The Supreme Court recently decided in U.S. v. Rahimi that the government can prohibit firearm possession for people subject to a domestic violence restraining order. The basis of the decision was that historical laws preventing violence and restricting firearm use were similar enough to modern day restraining orders to find a historical basis for the current prohibition on firearm possession. Although this case dealt specifically with those people subject to a domestic violence restraining order, it arguably applies to people convicted of domestic violence.
What can people with a domestic violence restraining order do to reacquire gun possession rights?
The person must wait until the restraining order expires, usually three to five years. Take note that the person who originally requested a restraining order can request an extension. But at the extension hearing, the extension could be opposed by the respondent. It will be critical to appear and oppose that extension, if requested, to regain firearm possession.
What can people convicted of domestic violence do to reacquire gun ownership rights?
Although vacating the conviction for legal error is a possibility, this rarely occurs. Unfortunately, the other avenue for relief, a pardon, rarely occurs as well. Nonetheless, the most likely way to restore firearm rights after a domestic violence conviction in California is to obtain a pardon from the Governor. If the case is a felony, the person should use the Certificate of Rehabilitation and Pardon process. If the case is a misdemeanor, the person should apply directly to the Governor’s office.
The Law Office of David Reagan has years of experience evaluating convictions to determine gun ownership rights and to determine what clean record relief is available. Contact the office today for a free consultation.
