Sacramento, CA asked in Domestic Violence for California

Q: I live in California and had a misdemeanor domestic violence charge in 2001. Will I ever be able to purchase a firearm?

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2 Lawyer Answers

A: As the other lawyer stated it would appear that it provides a lifetime ban. You should consult with a lawyer in person to see what affect an expungement would have if any. That does not work in many cases. The feds still treat expungements as convictions in certain circumstances. Good luck on your case.

James L. Arrasmith
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Answered

A: Under federal law (18 U.S.C. § 922(g)(9)), any domestic violence conviction - even a misdemeanor - creates a lifetime prohibition on firearm possession, regardless of when the conviction occurred. This means your 2001 misdemeanor domestic violence conviction makes you permanently prohibited from purchasing or possessing firearms under federal law.

California state law mirrors these federal restrictions and provides no exceptions for older convictions. Your only potential path forward would be to seek expungement of the conviction or a pardon, though even these may not restore firearm rights in domestic violence cases. The law treats domestic violence offenses with particular seriousness due to the established link between domestic abuse and gun violence.

You should consult with an attorney who can review the specifics of your case, as details like the exact charges and circumstances could affect your options. The attorney can examine whether your conviction qualifies for expungement under California law and advise you on any other possible legal remedies. Keep in mind that firearm laws are complex and change frequently, so getting current professional legal advice is essential for understanding your specific situation.

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