The Second Amendment of the U.S. Constitution guarantees citizens the right to keep and bear arms. However, this right is subject to certain limitations, especially when it intersects with criminal convictions. In Indiana, a conviction for domestic battery carries significant repercussions, one of the most severe being the loss of your firearm rights.
How a Domestic Battery Conviction Affects Your Gun Rights
Under Indiana law, specifically Indiana Code § 35-47-4-6, individuals convicted of domestic battery are prohibited from possessing firearms. This statute makes it a Class A misdemeanor for a person with such a conviction to knowingly or intentionally possess a firearm. The law applies regardless of whether the domestic battery conviction was a misdemeanor or felony. It’s important to note that this prohibition is not just a state mandate; federal law also enforces similar restrictions. The Lautenberg Amendment to the Gun Control Act of 1968 prohibits individuals convicted of misdemeanor domestic violence offenses from owning or possessing firearms. This federal law underscores the seriousness with which domestic violence convictions are treated concerning firearm possession.
Can You Get Your Gun Rights Back?
Restoring firearm rights after a domestic battery conviction in Indiana is a structured process. According to Indiana Code § 35-47-4-7, an individual must wait a minimum of five years from the date of conviction before petitioning the court for the restoration of firearm rights. This waiting period serves as a mandatory timeframe to demonstrate rehabilitation and a commitment to lawful behavior. The petition must be filed in the court where the original conviction occurred and must be served to the prosecuting attorney of that county. The court will consider several factors, including:
- Completion of Sentencing Requirements: Ensuring all aspects of the sentence, such as probation, fines, and any mandated programs, are fully satisfied.
- Behavior Post-Conviction: Demonstrating a law-abiding lifestyle since the conviction.
- Risk Assessment: Providing evidence that the individual does not pose a threat to the victim or society.
It’s crucial to understand that an expungement of a domestic violence conviction does not automatically restore firearm rights. The specific petition process outlined in Indiana Code § 35-47-4-7 must be followed to regain these rights.
Other Situations That Can Make You an Improper Person
Beyond domestic battery convictions, Indiana law identifies other circumstances that can render an individual an “improper person” concerning firearm possession:
- Active Felony Charges: Individuals currently facing felony charges are prohibited from possessing firearms.
- Protective Orders: Being subject to restraining or protective orders related to domestic violence can restrict firearm rights.
- Other Criminal Convictions: Convictions for certain offenses, especially those classified as serious violent felonies, can lead to the loss of firearm rights.
It’s essential to consult legal counsel to understand how specific charges or convictions may impact your firearm rights.
How to Protect Your Rights
If you’re facing domestic battery charges, proactive measures are vital to protect your firearm rights:
- Seek Legal Representation Immediately: Engage an experienced criminal defense attorney who can provide guidance tailored to your situation.
- Understand the Charges: Gain a clear understanding of the charges against you and the potential consequences.
- Comply with Legal Proceedings: Attend all court dates and comply with any court orders or conditions.
- Avoid Further Legal Issues: Maintain a law-abiding lifestyle to prevent additional complications.
Remember, the loss of firearm rights is a significant consequence of a domestic battery conviction. Taking immediate and informed action can make a substantial difference in the outcome of your case. If you or a loved on are facing criminal charges give The Marc Lopez Law Firm a call at 317-632-3642 today, and remember—always Plead the Fifth!