There are several consequences of being convicted of domestic violence. One of them is losing the right to possess a firearm. Unfortunately, this can deny you the privilege to defend yourself with one when your life is in danger. There may be situations where the court might give you back the right to hold a firearm even after conviction. However, you may require the assistance of a defense attorney to argue your case in court to convince the judge to restore your gun rights. Here's what you need to know about the legal process of requesting back your gun rights.
Factors That Might Make You Fail to Get Back Your Gun Rights
Firearm possession is regulated by very stringent laws, making it challenging to regain gun rights after losing them. In addition, judges determine whether to grant requests for restoration of firearm privileges depending on the severity of the applicant's crime. Therefore, you may fail to regain the privileges if you face serious charges. For example, the judge might decline your request if you are convicted of a felony or misdemeanor involving domestic or other types of violence. It might also be challenging to get back a license to hold a gun if you committed a sex offense, robbery, or homicide.
Your spouse might also file a case in court to request the judge not to give you back the firearm rights if you use your gun to threaten them. The judge might grant the orders even if you're not facing criminal charges. In all these situations, you may want to enlist the services of a criminal defense attorney. They will develop effective defenses for your situation and argue your case to enable you to regain your privileges.
The Petition Process
The law gives you the right to file a claim for a reevaluation of the judgment ordering you to surrender your firearm. However, you must meet certain conditions to restore your gun rights. For instance, you must wait for a certain period after losing the privileges before filing an appeal. You must also abstain from criminal activities for the duration the judge suspends your gun license. In addition, you must also not have another ban from holding a firearm for another offense.
Your lawyer will get the necessary information to convince the court to restore your gun privileges. They will then file the petition and argue your case to convince the jury to approve your request. After a successful appeal, the judge will sign an order to restore the firearm rights, which you will present to law enforcement agencies.
A criminal defense attorney can offer useful advice and represent you in court when filing a petition to have your firearm rights restored. Therefore, consult one when the judge orders you to surrender your gun when delivering a ruling in your domestic violence case.