Criminal convictions & firearms: What you didn’t know
If you’re a gun owner, then this won’t be news to you: When you’re convicted of a felony, you lose your right to possess a firearm. Sound familiar? That’s a result of the federal Gun Control Act of 1968.
Here’s what many people are missing. An amendment to Gun Control Act made it so individuals convicted of a misdemeanor crime of domestic violence also come within the federal firearm ban. Want to know what a “misdemeanor crime of domestic violence” is? Here’s the language from the statute. A misdemeanor crime of domestic violence is one that:
"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 cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim."
This includes crimes such as misdemeanor battery and disorderly conduct where the underlying conduct is pointed toward a domestic relationship and is violent. Many people accused of these crimes don’t know this, and as a result, will plead guilty without realizing they are losing important Constitutional rights. These folks usually don’t find out until the next time they go to purchase a firearm or ammunition.
For example, in Evans v. Department of Justice, the Wisconsin Department of Justice blocked Mr. Evans from purchasing a firearm based on an earlier conviction for disorderly conduct, a misdemeanor. The conviction came within the Gun Control Act firearms ban. On appeal, the Wisconsin Court of Appeals agreed because an element of Mr. Evans’ conviction was that his behavior was “violent, abusive, and otherwise disorderly.” Plus, in Koll v. Department of Justice, the Wisconsin Court of Appeals refused to let Mr. Koll withdraw his guilty plea to a charge of disorderly conduct. Mr. Koll wanted to withdraw his plea after he learned it caused him to lose the right to possess a firearm. Don’t let that be you.
If you are considering a plea deal that would have you admit to misdemeanor charges, carefully consider the elements of those crimes. Your firearms may still be at stake. To avoid losing your rights, it is very important to hire an aggressive and understanding attorney to represent you.
