How a Domestic Violence Conviction Can Cost You Your Gun Rights Permanently

Nevada’s domestic violence charges are pretty strict. However, there’s a permanent consequence that applies even with misdemeanor convictions that those being charged might not realize.

If you’re convicted of domestic violence in Nevada, you could lose your right to own or possess a firearm for the rest of your life.

The Federal Law that Supports Nevada’s Policy

The firearms prohibition for those convicted of domestic violence comes from federal law, specifically, the Lautenberg Amendment to the Gun Control Act, passed in 1996 and codified at 18 U.S.C. § 922(g)(9).

Under that law, anyone convicted of a “misdemeanor crime of domestic violence” is permanently prohibited from purchasing, possessing, or receiving firearms or ammunition. That applies regardless of when the conviction happened, whether it predates the law, and whether the person owned a gun at the time.

Many people assume that a felony conviction is required to lose someone’s gun rights. With domestic violence, that’s not the case. A first-offense DV misdemeanor (something that might mean a relatively mild outcome like probation, a fine, and counseling) still triggers the federal firearm prohibition.

Nevada’s Law

Nevada has its own firearm restrictions for people convicted of certain crimes, but because the federal prohibition is broader and more severe, federal law is usually what governs for domestic violence convictions.

What that means is if someone’s convicted of misdemeanor domestic violence in a Nevada court, federal law prohibits them from owning or possessing a gun. Violating that prohibition is a federal felony punishable by up to 10 years in prison and fines up to $250,000.

Because of that, law enforcement officers, security professionals, military personnel, and others whose careers require carrying a firearm can lose their jobs as a direct result of a domestic violence conviction, even a misdemeanor one.

Who Is Covered?

The federal law defines “misdemeanor crime of domestic violence” based on the relationship between the parties, not just the charge. Covered relationships include current and former spouses, people who share a child, household members, and people in dating relationships, and Nevada’s law is very similar.

So if someone’s convicted of battery that qualifies as domestic violence under Nevada law, the federal prohibition applies, even if the charge itself isn’t labeled “domestic violence.”

Why Does This Make Contesting the Charge Important?

For anyone facing a domestic violence charge and who owns firearms, uses them professionally, or just values their Second Amendment rights, the stakes of a conviction are very high. A plea to a “minor” misdemeanor to avoid the hassle of trial can mean a lifetime firearms ban that wasn’t clear in the beginning.

That’s not an argument to always go to trial. It just means that anyone in this situation should make sure they fully understand what they’re agreeing to before signing anything, and to have an attorney who knows how to evaluate every option.

If you’re facing domestic violence charges in Las Vegas, contact CEGA Criminal Law Group today.