Can You Buy a Gun With a Misdemeanor Assault Charge?
If you have been charged with a misdemeanor assault, you may be wondering if you can still buy a gun legally. The answer depends on several factors, such as the type of assault, the state where you live, and the outcome of your case. In this article, we will explain some of the common scenarios and how they affect your gun rights.
What is a Misdemeanor Assault?
A misdemeanor assault is a criminal offense that involves causing or attempting to cause physical injury to another person without a valid justification. The severity of the charge varies depending on the circumstances, such as the degree of harm, the use of a weapon, and the relationship between the parties. For example, some states classify simple assault as a misdemeanor, while others consider it a felony if it involves serious injury or a deadly weapon.
How Does a Misdemeanor Assault Charge Affect Your Gun Rights?
The impact of a misdemeanor assault charge on your gun rights depends on whether you are convicted or not, and whether the charge falls under the federal or state definition of domestic violence. According to the federal law, anyone who has been convicted of a misdemeanor crime of domestic violence is prohibited from possessing firearms or ammunition. A crime of domestic violence is defined as an offense that involves the use or attempted use of physical force or a deadly weapon against a current or former spouse, parent, guardian, child, or intimate partner.
If your misdemeanor assault charge does not involve domestic violence, then you may still be able to buy a gun legally under federal law. However, you may face some restrictions under state law. Some states have stricter laws than the federal ones and may ban anyone who has been convicted of any violent misdemeanor from owning firearms. Other states may impose waiting periods, background checks, or licensing requirements for gun buyers who have criminal records.
What Can You Do to Restore Your Gun Rights?
If you have been convicted of a misdemeanor assault charge and lost your gun rights, you may be able to restore them in some cases. The process and eligibility criteria vary depending on the state where you live and the nature of your conviction. Some of the possible ways to restore your gun rights include:
- Expunging or sealing your criminal record
- Obtaining a pardon from the governor or the president
- Filing a petition to the court for relief from disability
- Completing a diversion program or probation
However, these options are not available in every state and may not apply to every situation. Therefore, it is advisable to consult with an experienced criminal defense attorney who can advise you on your specific case and help you protect your rights.
How to Avoid a Misdemeanor Assault Charge?
The best way to avoid a misdemeanor assault charge is to avoid getting into physical altercations with anyone. However, sometimes conflicts may arise that are beyond your control. In such cases, you should try to de-escalate the situation and walk away if possible. If you have to defend yourself or someone else from an imminent threat of harm, you should use only the amount of force that is necessary and reasonable under the circumstances. You should also report the incident to the police and seek medical attention if needed.
How to Deal With a Misdemeanor Assault Charge?
If you have been arrested or charged with a misdemeanor assault, you should not panic or admit guilt. You have the right to remain silent and to have an attorney represent you. You should contact a reputable criminal defense lawyer as soon as possible and discuss your case with them. Your lawyer can help you understand your legal options, negotiate a plea deal, or prepare a defense strategy for trial. Your lawyer can also advise you on how to protect your gun rights and restore them if they are lost.