The Hidden Consequences of a Domestic Assault Conviction on Your Tennessee Gun Rights
A domestic assault conviction in Tennessee can affect your gun rights even when the offense is a misdemeanor. If your conviction qualifies as a misdemeanor crime of domestic violence under federal law, you may lose the right to possess or receive firearms and ammunition. Tennessee law may impose firearm restrictions as well.
You may not expect a misdemeanor conviction to have such a lasting effect. Even after you complete your sentence, restrictions on your gun rights may remain.
At Zak Newman Attorney at Law in Chattanooga, Tennessee, Attorney Zachary Newman represents individuals facing domestic violence and other criminal charges across the state, including Red Bank, East Ridge, and Collegedale. He can explain how a conviction could affect you and develop a defense based on the facts of your case. Contact the firm now to schedule a case evaluation.
Why Can a Domestic Assault Conviction Affect Your Gun Rights?
Federal law prohibits you from possessing or receiving firearms or ammunition if your misdemeanor domestic violence conviction meets the applicable federal requirements. However, not every Tennessee domestic assault conviction triggers this restriction.
Generally, the offense must involve physical force, attempted physical force, or the threatened use of a deadly weapon. The other person must have a relationship with the defendant that is covered by federal law, such as a current or former spouse, co-parent, certain household members, or certain dating partners.
Federal law further requires specific protections concerning your right to an attorney and, when applicable, a jury trial. The offense, relationship involved, and circumstances of the conviction therefore determine whether the federal firearm prohibition applies.
The Consequences of a Domestic Assault Conviction on Your Tennessee Gun Rights
A firearm restriction can create legal and practical problems long after your domestic assault case ends. Understanding these consequences can help you recognize what a conviction may mean for your firearm rights and responsibilities.
You May Have to Give Up Firearms You Already Possess
If you plead guilty or are found guilty of a covered domestic violence offense in Tennessee, you must give up physical possession of your firearms within 48 hours of the conviction. The court will order you to dispose of them lawfully, which may include transferring them to someone who can legally possess firearms. You must complete an affidavit confirming that you no longer possess the firearms and return it to the court.
You May Be Unable to Buy Firearms or Ammunition
If the federal misdemeanor domestic violence prohibition applies to you, federal law bars you from receiving firearms or ammunition that have traveled in interstate or foreign commerce. Completing your sentence does not necessarily allow you to buy another firearm, and the restriction may continue after your criminal sentence ends.
You May Lose the Right to Carry a Handgun
If the law prohibits you from possessing a firearm, you cannot legally carry one. Tennessee's general rules allowing eligible adults to carry handguns do not override state or federal firearm prohibitions. A domestic violence conviction may also affect your eligibility for a Tennessee handgun carry permit.
Unlawful Firearm Possession Can Lead to New Criminal Charges
A domestic assault conviction and a later firearm violation are separate legal matters. If your conviction prohibits you from possessing a firearm and you later possess one, you can face a new criminal charge based on that firearm possession.
Possession does not always mean that a firearm was physically in your hands or on your body. Prosecutors may allege actual possession, meaning you physically had the firearm, or constructive possession, which generally involves having the power and intention to exercise control over a firearm even when it was not physically on you.
Attorney Zachary Newman can examine whether your prior conviction legally prohibited firearm possession and whether the prosecution can prove actual or constructive possession. When a firearm is found in a shared home or vehicle, for example, he can examine the circumstances connecting you to the weapon and identify weaknesses in the prosecution's evidence.
A Firearm Restriction May Affect Your Job
A domestic violence conviction may affect your employment if your duties require you to possess or carry a firearm. This is particularly important for law enforcement officers and other government employees.
Federal law does not allow government employees with a disqualifying misdemeanor domestic violence conviction to possess or receive firearms or ammunition for official duties.
The Firearm Restriction May Continue After You Complete Your Sentence
Completing probation, paying your fines, or satisfying the other terms of your sentence does not necessarily restore your gun rights.
Federal law provides a limited exception for certain people with no more than one qualifying misdemeanor domestic violence conviction involving a dating relationship. The restriction may end five years after the later of the conviction or completion of a custodial or supervisory sentence if the other federal requirements are met.
This five-year provision does not apply to several other relationships, including current or former spouses, parents or guardians, people who share a child, and certain current or former cohabitants. You should not assume your gun rights automatically return after five years.
Does Every Domestic Assault Conviction Result in the Same Gun Restrictions?
No. Tennessee and federal law have different requirements for determining when a domestic violence conviction restricts firearm possession.
Tennessee recognizes a broad range of domestic relationships, while federal law applies its own requirements. As a result, the offense, conduct, and relationship involved can affect which firearm restrictions apply.
Can You Restore Your Gun Rights After a Domestic Assault Conviction?
Possibly. Completing your sentence alone, however, does not necessarily restore your firearm rights. Under federal law, certain convictions may no longer trigger the misdemeanor domestic violence firearm prohibition if they are expunged or set aside, covered by a qualifying pardon, or affected by a qualifying restoration of rights. Conditions and exceptions apply.
Tennessee and federal law can each restrict your firearm rights, so resolving a restriction under one does not necessarily remove the other. Relief affecting your Tennessee conviction or criminal record, for example, may not restore your firearm rights under federal law.
Why Should You Consider Your Gun Rights Before Resolving a Domestic Assault Case?
You should understand the possible firearm consequences before pleading guilty to a domestic violence offense. Tennessee requires courts to notify defendants of firearm consequences before accepting a guilty plea to a covered domestic violence offense.
Attorney Zachary Newman can review the charge, alleged conduct, relationship involved, and terms of a proposed resolution. He can explain how those details may affect your gun rights before you decide how to proceed.
Discuss Your Tennessee Domestic Assault Charge With an Experienced Defense Attorney
A domestic assault conviction can affect your firearm rights long after the criminal case ends. The restrictions that apply depend on the offense, the relationship involved, and the circumstances of your conviction.
At Zak Newman Attorney at Law in Chattanooga, Tennessee, Attorney Zachary Newman represents residents accused of domestic violence and other criminal offenses throughout the state, including Red Bank, East Ridge, and Collegedale.
He has practiced criminal defense since 2011 and has experience handling serious criminal cases, including those that have gone to jury trial. He can draw on that experience to evaluate the allegations and evidence, explain the possible consequences of a conviction, and develop a defense based on the circumstances of your case. Contact the firm now to schedule a case evaluation.