A conviction for a Virginia domestic assault will lead to many collateral consequences. One of which is your ability to possess a firearm. Therefore, if the right to possess a firearm is important to you, you need to discuss your options with your attorney.
You must consider both Virginia and Federal Law.
When it comes to Virginia, if you are convicted of a domestic assault, under Virginia Code Section 18.2-308.1:8, you will lose your right to possess a firearm. Indeed, it is a crime to possess a firearm within three years of your domestic assault conviction. See Virginia’s Fire Arms Pamphlet. (Note: this Code Section defines “family and household member” more narrowly than the domestic assault statute. Therefore, if the complainant is simply an ex-boyfriend or girlfriend and the parties do not have children, it may not apply. Discuss this issue with your attorney if relevant.)
However, you must also consider your rights under Federal Law. In 1996, the US Congress passed the “Lautenberg Amendment.” Found at 18 USC Section 922 (g)(9), the Lautenberg Amendment outright bans anyone convicted of a misdemeanor crime of domestic violence from possessing firearms. See the FBI’s fact sheet.
What about the conflict between Virginia and Federal Law?
As it stands, there is a conflict between the two sovereigns. Virginia allows someone convicted of domestic assault to possess a firearm three years after their conviction, assuming no other new crimes. However, the Lautenberg Amendment imposes a permanent ban. Given this, our recommendation is to assume you have a permanent ban if convicted of a domestic assault, and address this concern with your attorney upfront.
Gun control is an evolving field of law. Therefore, this may be clarified by the courts at some point. But, if possessing a firearm is important to you, make sure to openly discuss it with your attorney.
There’s no way this is Constitutional, right?
Given the current makeup of the United States Supreme Court, you might be thinking that such a limit on your Second Amendment Rights would be Unconstitutional. However, recently SCOTUS upheld the prohibition of possessing a firearm after a domestic violence conviction.
Why it matters if you lose your right to a firearm.
Of course, not everyone owns or enjoys firearms. However, many do enjoy the right to bear arms. What’s more, many have jobs where possessing a firearm is a must. For instance, if you are law enforcement, military, or private security, the ability to possess a firearm is a must. So, being convicted of a domestic assault can prevent you from serving in these roles. Indeed, the Lautenberg Amendment specifically removed any law enforcement exception to its barring of firearm possession.
What if I’m subject to a Virginia civil protective order?
If you are subject to a Virginia civil protective order, you may not possess a firearm while the protective order is in effect. This includes both a preliminary protective order and a permanent protective order.
Still have questions?
Make sure to check out our Personal Injury & Criminal Defense Practice Pages where we’ve answered many other questions you likely have. Abrenio Law is a Personal Injury & Criminal Defense Law Firm representing individuals in Northern Virginia and throughout the Commonwealth. You can learn more about Abrenio Law by visiting our About Us page. You can also read about some of our Prior Results, and Read Our Reviews. Make sure to contact us at Ph. 703-570-4180 for your Free Consultation.