Does a Conviction for PC 243(e)(1) Prohibit Firearm Possession for Life?

April 13, 2023

A conviction for domestic battery under Penal Code 243(e)(1) can have serious consequences, including the loss of the right to own or possess a firearm. Under federal law, individuals convicted of domestic violence offenses, including domestic battery, are prohibited from owning or possessing firearms for life.

Under federal law, the Lautenberg Amendment was enacted in 1996 and prohibits individuals convicted of domestic violence crimes from owning or possessing firearms. The law applies to both state and federal domestic violence crimes and applies to both misdemeanors and felonies.

When an individual is convicted of domestic battery under Penal Code 243(e)(1), they will be required to surrender any firearms that they currently own to law enforcement or to a licensed firearms dealer. If an individual is found to be in possession of a firearm after a conviction for domestic battery, they can be charged with a federal crime and can face additional penalties, including fines and imprisonment.

It is important to note that the Lautenberg Amendment applies not only to firearms but also to ammunition and any other type of destructive devices. This means that an individual convicted of domestic battery under Penal Code 243(e)(1) will not be able to purchase or possess any type of firearm, including handguns, rifles, and shotguns.

The loss of the right to own or possess a firearm can have a significant impact on an individual’s life. It makes it difficult for them to protect themselves and their family, as they will not be able to own a firearm for self-defense.

It is important to note that the Lautenberg Amendment is a federal law, and it is enforced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The ATF maintains a database of individuals who are prohibited from owning or possessing firearms, and this database is used by firearms dealers when conducting background checks.

It is also important to note that there is currently no legal process for restoring an individual’s right to own or possess a firearm after a conviction for domestic battery under Penal Code 243(e)(1). This means that the loss of this right is permanent.

Contact Us for Help in Southern California

Domestic battery can be a technical crime with multiple elements, and the legal defenses available will depend on the case’s specific circumstances. You must work with an experienced criminal defense attorney who can review the evidence against you, evaluate the strengths and weaknesses of your case, and advise you on the best defense strategy.

If you’re being accused of domestic battery under PC 243(e)(1)), then call the Law Offices of John D. Rogers today. Contact us to schedule a free confidential consultation to discuss your options. Attorney John D. Rogers is a board-certified criminal law specialist by the State Bar of California. He routinely represents clients charged with domestic violence throughout southern California.  

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