Carrying a Firearm after a Domestic Battery Conviction
If you have been convicted of domestic battery, you are not permitted to carry or possess a firearm. Being accused of this offense is serious and carries a maximum penalty of up to one year in jail. If you have questions about possession of firearms and domestic battery convictions, or if you want to have your gun rights restored after a conviction for domestic battery, you can turn to Chambers Law Office for help.
Possession of Firearms and Domestic Battery Convictions
After being convicted of domestic battery, a person is prohibited from possessing a firearm. IC 35-47-4-6 states ” a person who has been convicted of domestic battery under IC 35-42-2-1.3 and who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor.”
A Class A Misdemeanor carries minimum and maximum penalties of 1 to 365 days in jail and up to one year on probation, along with other fines and fees.
Restoring Your Right to Possess a Firearm After a Domestic Battery Conviction
Even though you lose your right to possess a firearm after a domestic battery conviction, you may be eligible to have that right restored if at least five years have passed since the conviction date. Under IC 35-47-4-7, a person with a conviction for domestic battery may petition the court to have their right to possess a firearm restored. This process involves filing a petition after at least five (5) years have passed from the date of conviction, asking the court to restore the right to carry a firearm. The court will consider factors such as whether counseling or substance abuse treatment has been completed, whether the person was subject to a protective order, whether the person poses a threat to the victim and whether the person has committed any subsequent crimes.
It is important to note, that until the right to carry a firearm is restored by a court, even if the domestic battery conviction has been expunged, a person is prohibited from possessing a firearm.
Indianapolis Criminal Defense Attorney on Your Side
Julie Chambers is a former deputy prosecutor. She opened Chambers Law Office in 2012, drawing on her experience to protect and defend the rights of her clients. She will work closely with you, answering your questions and discussing your concerns, striving to obtain the best possible result in your case. If you have been accused of possession of firearms after a domestic battery conviction or if you would like to petition the court to restore your right to own a firearm, Julie Chambers can help. Call today to speak with an attorney at 317-450-2971.