How to Get Gun Rights Back After Domestic Violence

A domestic violence conviction can have long-lasting repercussions. It can affect your personal and professional life, and it may take years to get back on track. You may also be limited in what you can do and own. 

One such change is that you are not allowed to own a gun if you get convicted of domestic violence. Gun rights are often revoked like other violent offenses to prevent further crimes. 

We also know that some people make mistakes. One instance of losing self-control does not mean you will be a life-long offender. In this case, you may wonder if you can regain your gun rights after a domestic violence conviction.

If you get convicted of domestic violence in Nevada, contact the team at The Rosenblum Allen Law Firm. Our Las Vegas domestic violence attorneys will work with you to regain your rights.

In some cases, you can regain your gun rights. In other cases, you will not be allowed to own firearms or keep them in your home. This article will address four common questions about regaining your gun rights.

Can I Own a Gun If I Get Charged with Domestic Violence in Nevada?

Nevada follows the same laws at the federal level.

The law is stringent regarding the possession of firearms and domestic violence. If you get convicted of a violent crime, you must surrender or remove any guns in your home. You will have a permanent ban on owning firearms, even if your conviction is a misdemeanor.

If you have a protective order against you, you may not be able to have firearms while the order is in effect. Once the protective order expires, you may be allowed to own a gun. Also, if you are convicted in criminal court, depending on your conviction, and if the charges are dismissed or dropped, you will regain your rights. 

If you are awaiting trial, you should remove any guns or ammunition from your home. You can sell or store them with a licensed dealer. If the charges get dropped, you can get them back.

How Long Does the Gun Ban Last If I Am Convicted of Domestic Violence in Nevada?

The gun ban is permanent if you get convicted of domestic violence in Nevada. If you plead guilty or are convicted, you will not be able to own a gun while the charges are on your record.

Violation of the gun ban can lead to further trouble. You can be convicted of a felony if you violate the gun ban and get caught with a firearm. You must follow the rules of the gun ban to keep you out of further trouble.

If you are acquitted but have a protective order, you may be banned from having firearms for as long as the protective order is in place. As long as you do not have any other convictions, you may be able to regain your gun rights once the order expires.

If I Entered a Plea Deal On My Domestic Charges, Can I Own a Gun in Nevada?

Your attorney may be able to get a plea deal for your charges.

A skilled defense attorney can get your charges reduced. The main goal is to get your charges changed, not to include domestic violence. If you enter a plea to something other than domestic violence, like a simple battery, you will be able to keep your gun rights.

What Are My Options to Get My Gun Rights Back If I Have a Domestic Violence Conviction?

You will lose your gun rights if you get convicted of domestic violence. As long as a domestic violence charge is on your criminal record, you will get banned from owning a gun in Nevada. This ban also pertains to any other state on a federal level.

If you plead guilty or get convicted of domestic violence, there is only one way to regain your gun rights. If you successfully have your criminal record sealed, you may be able to recover your gun rights. 

There is a catch to getting your record sealed. You must wait at least seven years for a misdemeanor conviction. In the case of a felony conviction, you must wait ten years. During these periods, you cannot commit any other crimes.

The process of getting your record sealed can be a complicated one. Having a skilled attorney can help you navigate this process. One of the most important things you can do is make sure you do not have any further charges on your record. Subsequent criminal charges can make it more challenging to regain your rights.

Further Reading

Make sure to explore these additional resources on our website:

  1. Understanding Domestic Violence in Nevada” – Learn about the definition and characteristics of domestic violence in the state of Nevada, including the different types of abuse and the legal framework surrounding it.
  2. Restoring Gun Rights After Domestic Violence” – Discover the process and requirements for regaining your gun rights after being involved in a domestic violence incident in Nevada, including the necessary steps and legal considerations.
  3. Domestic Violence Defense Lawyers: Protecting Your Rights” – Find out the importance of having skilled domestic violence defense lawyers on your side, who can advocate for your rights and provide you with a strong defense strategy.
  4. The Facts About Domestic Violence Plea Bargains in Nevada” – Get essential information about domestic violence plea bargains in Nevada, including how they work, potential outcomes, and important factors to consider before making a decision.
  5. Nevada Restraining Orders: Your Guide to Seeking Protection” – Learn about obtaining restraining orders in Nevada, including the process, types of orders available, and the legal protections they provide.
  6. Insider Tips to Fight Domestic Violence Charges: Updated Strategies” – Access updated tips and strategies to effectively defend yourself against domestic violence charges in Nevada, including insights from legal professionals and practical advice.
  7. Impact of Domestic Violence on Custody in Nevada” – Understand how domestic violence can affect child custody cases in Nevada, including the factors considered by the court and the potential impact on custody determinations.
  8. Basics of Las Vegas Restraining Orders: Essential Information” – Familiarize yourself with the basics of obtaining restraining orders in Las Vegas, including the requirements, process, and available resources for seeking protection.
  9. Chances of Beating a Domestic Violence Charge in Nevada: What to Know” – Learn about the factors that can influence the chances of successfully contesting a domestic violence charge in Nevada, including the importance of legal representation and the evaluation of evidence.

These resources offer valuable insights and guidance on various aspects of domestic violence.

Why You Still Haven't Hired a Las Vegas Domestic Violence Defense Attorney Yet

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Don’t take chances when it comes to protecting yourself or a loved one—call us now at (702) 433-2889 for top-notch criminal defense services today!

Frequently Asked Questions

What is a misdemeanor domestic charge?

A misdemeanor domestic charge refers to a criminal offense involving domestic violence or abuse, typically involving spouses, intimate partners, family members, or individuals residing in the same household. These offenses are less severe than felonies but can still have legal consequences if convicted.

What are domestic violence offenses?

Domestic violence offenses encompass a range of criminal acts committed by one family or household member against another. These offenses may include physical abuse, emotional abuse, sexual abuse, stalking, or any conduct that causes harm or fear to the victim. Such offenses are taken very seriously by the legal system.

What is a misdemeanor crime?

A misdemeanor crime is a less serious offense than a felony and often carries less severe penalties. Misdemeanors can include various non-violent and lower-level criminal offenses, such as petty theft, disorderly conduct, simple assault, or driving under the influence (DUI).

What are civil rights?

Civil rights are fundamental and protected rights that individuals have as citizens of a particular country. In the United States, civil rights encompass fundamental freedoms, such as the right to freedom of speech, religion, due process, equal protection under the law, and protection against discrimination based on race, color, religion, sex, or national origin.

What are firearm rights?

Firearm rights refer to the legal rights of individuals to own, possess, carry, and use firearms. These rights are protected under the Second Amendment of the United States Constitution but are subject to various regulations and restrictions at the federal, state, and local levels.

What is a violence protective order?

A violence protective order, also known as a restraining order or protective order, is a legal document issued by a court to protect an individual from abuse, threats, or harm from another person. It restricts the alleged offender's ability to contact or come near the protected individual.

What constitutes a deadly weapon?

A deadly weapon is an object or instrument capable of causing severe bodily injury or death. This can include firearms, knives, explosives, or any other object used with the intent to cause harm. Possessing or using a deadly weapon in committing a crime can lead to enhanced penalties and charges.

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