Can I Own a Gun If I Was Convicted of Domestic Violence in Auburn, AL?

Domestic violence convictions can have significant implications on various aspects of your life, including the right to own firearms. In Alabama, the laws surrounding firearm ownership post-conviction are complicated, especially when it comes to domestic violence offenses. You should speak with a diligent firearm possession lawyer to learn more about available legal options and filing a claim.

Laws Related to Gun Ownership in Alabama

The federal government regulates firearm ownership through the Gun Control Act (GCA) and the Domestic Violence Offender Gun Ban, commonly known as the Lautenberg Amendment. According to these laws, individuals convicted of misdemeanor crimes of domestic violence are prohibited from owning firearms.

Alabama mirrors federal laws in restricting firearm ownership for those convicted of domestic violence offenses. Under Section 13 A – 11 – 72 (a) “no person who is been convicted in the state or elsewhere of committing or attempting to commit a crime of violence or a misdemeanor offense of domestic violence shall own a firearm or have one in their possession or under their control.”

Felony domestic violence convictions carry more severe consequences. In Alabama, a felony conviction automatically results in the loss of firearm rights. This includes offenses such as aggravated assault, domestic violence by strangulation, or repeat offenses.

Unlawful Possession of Firearms by Domestic Violence Offenders in Auburn, AL

Misdemeanor Domestic Violence Convictions

• Individuals in Auburn who are convicted of misdemeanor domestic violence offenses may be prohibited from possessing firearms under federal and state laws.
• Penalties for violating these restrictions can include criminal charges and may result in fines, probation, or other consequences.

Felony Domestic Violence Convictions

• Felony domestic violence convictions typically result in more severe penalties, including restrictions on firearm possession.
• Penalties for the unlawful possession of firearms by individuals with felony domestic violence convictions may include imprisonment, fines, and other criminal consequences.

Federal Firearm Prohibitions

• Federal laws, such as the Lautenberg Amendment to the Gun Control Act, impose restrictions on firearm possession by individuals convicted of misdemeanor crimes of domestic violence.
• Violations of federal firearm prohibitions can result in federal charges and penalties, including imprisonment and fines.

Sentencing Factors

The specific penalties can depend on various factors, including the seriousness of the domestic violence offense, whether it is a first-time or repeat offense, and other circumstances.

Steps in Restoration of Firearm Possession Rights after a Domestic Violence Conviction in Auburn, AL

Completion of Sentence

Successful restoration of firearm possession rights typically begins with completing the entire sentence imposed by the court. This includes any incarceration period, probation, or parole.

Waiting Period

In Alabama, there may be a waiting period before individuals can initiate the process of rights restoration. You should consult with an experienced domestic violence attorney to understand the specific timeframe and take appropriate steps at the right time.

Consultation with Legal Counsel

A skilled firearm possession attorney can explain more about your rights and options regarding the restoration process. A knowledgeable attorney can assess your case, provide advice on the applicable laws, and guide you through the legal steps involved.

Rehabilitation and Character Reference

Courts often consider evidence of rehabilitation and good character. You should gather supporting documents, such as letters of recommendation, proof of completion of counseling programs, and a demonstration of positive life changes.

Filing a Petition for Restoration

The formal process usually involves filing a petition with the court. This document outlines the grounds for obtaining restoration, including evidence of rehabilitation and compliance with all sentencing requirements.

Court Appearance

In some cases, a court appearance may be required as part of the restoration process. You should have legal representation during these proceedings which usually occur at the Lee County Courthouse to present a compelling case for rights restoration.

How Can an Alabama Gun Rights Attorney Help Restore Your Gun License After a Domestic Violence Conviction in Auburn

• Eligibility Assessment: A skilled attorney will assess your eligibility for gun rights restoration based on factors such as the nature of the domestic violence conviction, your criminal history, and the specific laws in your jurisdiction.
• Legal Research and Analysis: Your attorney will conduct thorough legal research to identify any recent changes in relevant statutes, case law, or regulations that may impact your eligibility for gun rights restoration.
• Legal Process: The process of restoring gun rights often involves filing petitions, attending hearings, and presenting a compelling case to the court. Your lawyer will guide you through these legal proceedings, ensuring that all required documents are filed accurately and within specified timelines.
• Building a Strong Case: Your attorney will work with you to gather evidence of rehabilitation, completion of required counseling or programs, and any other factors that support your case for gun rights restoration.
• Addressing Specific Requirements: Different jurisdictions may have specific requirements for gun rights restoration. The law firm you hire will ensure that you meet all the necessary criteria and address any unique aspects of your case.
• Negotiating with Prosecutors: In some cases, attorneys may negotiate with prosecutors to obtain reduced charges or alternative dispositions that could improve your chances of gun rights restoration.
• Representation in Court: If a court appearance is necessary, your lawyer will represent you during hearings, presenting arguments and advocating for your rights before the court.
• Appealing Denials: If your initial petition for gun rights restoration is denied, an attorney can assist in the appeals process, working to address any issues raised by the court and strengthening your case for reconsideration.

Choose a Dedicated Auburn, AL Firearm Possession Lawyer to Protect Your Rights

The seasoned criminal defense attorneys at Alsobrook Law Group have extensive experience in firearm possession cases, staying abreast of the latest laws, regulations, and case precedents. Our lawyers have demonstrated a proven ability to obtain favorable results for clients facing firearm possession challenges after felony crimes. Schedule your free case review with our lawyers today. Call us at 334-360-9534 or contact us online.