Guns and Domestic Violence

Guns and Domestic Violence.

When a person is arrested for domestic violence, police seize all firearms. If the person is convicted of domestic violence, then the defendant is informed that under California law, he loses his right to possess a firearm for 10 years.

Domestic violence is a violation of a felony or a misdemeanor spousal abuse or a misdemeanor spousal battery, as well as any other domestic abuse crimes referred to in section 6211 of the California Family Code. Family Code 6211 refers simply to “domestic abuse”, meaning abuse of a spouse, dating partner, or the parent of your child.

Violations of Penal Code Section 415, disturbing the peace, is not considered “domestic abuse” under the Family Code.

While many people believe that 10 years without a firearm is a horrible punishment, many others think that the ban should be lifelong. In fact, the Federal law does prohibit possession of a firearm for life!

If you or someone you know is accused of a crime, arrested, or contacted by police, contact San Jose criminal defense attorney Maureen Baldwin at (408) 279-4450 to learn your options today!