Domestic Violence and Gun Rights

January 2, 2012
By Anthony F. Perrone on January 2, 2012 8:00 AM |

gun ban.jpgAs a Jacksonville Family Law Attorney I have worked on numerous domestic violence injunction cases. Through my work on these cases I have come to understand there are many ramifications stemming from injunctions for domestic violence that people are simply and completely unaware of.

Specifically, not even one of my past clients was aware of the effect domestic violence injunctions had on their gun rights. None of these clients had ever heard of the Lautenberg Amendment. Well, I'm going to take this opportunity to give a very brief rundown on this very topic.

The Lautenberg Amendment, which is often referred to as the Domestic Violence Amendment to the Gun Control Act, is codified at 18 U.S. Code §922(g)(9). In summary this act bans the ownership and use of firearms or ammunition by individuals convicted of a misdemeanor where the underlying charge is that of domestic violence, or who are under an injunction for domestic abuse. This act also makes in unlawful to knowingly sell or give a firearm or ammunition to such persons.

However, there may be a way around violating the the Gun Control Act via a "Gun Trust". A "Gun Trust" can purchase and hold title to guns, whereas, an individual with a current restraining order against them cannot. Contact a Jacksonville Gun Trust Lawyer for more information.

If you have recently been served with a temporary injunction contact a Jacksonville Family Law Attorney today to schedule a free consultation. If, on the other hand, you've been charged with misdemeanor domestic battery contact a Jacksonville Criminal Defense Attorney today to discuss all your possible defenses.