Legal Question in Criminal Law in California
Gun rights & alleged domestic violence
Do I loose my gun rights(as I did my guns) for an alleged D.V.? I have never appeared in court on this matter, which has been ''pending'' since Sept. of 06. Am I just in a state of ''limbo'' & for how long can they keep me here? Will I be committing a crime by purchasing a new firearm?
2 Answers from Attorneys
Re: Gun rights & alleged domestic violence
As far as I know, you don't permanently lose the right to buy a gun until and unless you are convicted of DV. If you have never appeared in court on the case, chances are the DA has not formally filed any charges. If I were you, I would not do anything to change the situation. You might or might not be able to legally purchase a firearm -- if there is a restraining order against you, you aren't -- and if you were convicted you would have to sell it or otherwise give it up, and you may already be on the list of ineligible persons. California gun laws are very complicated and there could be criminal penalties if you try to purchase a firearm while legally ineligible. Give it a rest for now.
Re: Gun rights & alleged domestic violence
If the restraing order in the DV said you 'lose your guns', that means you were to dispose of or transfer all guns out of your possession and control. It certainly would mean you are NOT to obtain new ones that would violate the 'no guns' order. Whether you ever get your guns or your rights back depends upon the outcome of the case. Get good legal counsel and fight it if you have grounds to do so. Feel free to contact me if interested in doing so.
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