If you are convicted of even the most minor misdemeanor domestic violence charge you could lose your right to possess a firearm.
In 1996 Congress enacted the Domestic Violence Offender Gun Ban (“Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence”, Pub.L. 104-2208, 18 U.S.C. § 922(g)(9). This law prohibits shipment, ownership and use of guns or ammunition by individuals convicted of a misdemeanor crime of domestic violence, or who are under a restraining order for domestic abuse. It is also unlawful to sell or give a firearm or ammunition to such a person.
What qualifies as a “misdemeanor crime of domestic violence”?
18 U.S.C. §921(a)(33)(A)(ii) defines this term as ”an offense that: (i) is a misdemeanor under federal or state law; and (ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.”
Mississippi’s simple and aggravated domestic violence offenses, which are included in the statute for simple assault at Miss. Code Ann. § 97-3-7, most definitely qualify. Several other statutes probably qualify as well. As pro-gun as our great state is, the Mississippi Court of Appeals went out of its way to recognize the operation of this law when it overruled a chancellor’s decision to award two pistols to the wife in a divorce case. See Smith v. Smith, 994 So.2d 882 (Miss. App. 2008). The wife had pleaded guilty previously to stabbing her husband, and so the Court of Appeals remanded the case back just so the Chancery Court could take the guns away from her! Id.
How does the law operate?
Is there an exception for police officers or members of the armed forces, since they have to carry weapons as part of their job?
By Clarence T. "Gup" Guthrie III. Gup is a retired United States Marine artillery officer and J.A.G., and has been lead counsel in over 250 criminal and civil trials. He has defended hundreds of DUI cases. Gup believes that paying clients, or serious potential clients, should be able to contact their lawyer at all times, so he can be reached 24/7 by telephone at 601-991-1099, or emailed at clarence@guthriefirm.com.
great blog. You have a lot of information. I practice in the areas of family law and DUI defense and I almost see alcohol included in domestic violence and protective orders charges. Thanks for putting up good information on the internet.
Hello,
Domestic violance and owning a hunting rifle. What if I wasent found guilty ? This happened 15 years ago. Is there a way to get that right back ?
If you “weren’t found guilty,” is it fair to say you were found “not guilty.” Then you should not have lost your gun rights.
If i accepted a plea deal in another state for misdemeanor domestic violence do i lose my gun rights in Mississippi?
Yes, this law is national in scope.
What if the conviction is expunged?
You get your rights back.