Will I lose my Second Amendment rights upon a domestic violence conviction?

Will I lose my Second Amendment rights upon a domestic violence conviction?

| Jul 29, 2020 | Criminal Law

The Second Amendment to the U.S. Constitution grants you the right to own a firearm. However, this right is something the government can restrict or take away if you have a criminal conviction. 

According to the Kentucky Coalition Against Domestic Violence, federal law will prohibit you from owning a firearm if you have a domestic violence conviction. For your charge to disqualify you from firearm ownership, it must involve the use of a deadly weapon. However, a conviction is not the only concern if you face domestic violence accusations. 

Protection orders

Federal law also bars you from buying or having a firearm if you have a domestic violence protection order against you. The law is known as the Brady Bill. If you try to buy a gun, it will also trigger a notification to go to the person who holds the order against you if he or she signed up for alerts. 

Additional charges

You face additional prosecution if you do try to buy a firearm or law enforcement finds one in your possession and you are legally not allowed to have it. You face federal charges from the U.S. Attorney’s office since this is a federal law. 

Kentucky law

You should note that Kentucky does not have any laws that will remove your gun rights because it follows federal law, but the court may issue an order about firearms when it issues a protective order, so you may face additional state penalties and charges as well. Kentucky does require you to give up any concealed weapon permit you may have upon the court issuing a protective order against you.