Lautenberg Act Charges Riverside

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If you have heard of the Lautenberg Act (or amendment) but are not familiar with what it means to those who have been convicted on charges of domestic violence, the Riverside criminal defense attorneys at the Law Office of Stephen R. Brodsky want to help clarify what this act is, and what it means to you. Essentially, the Lautenberg Act prevents any individual who is convicted of misdemeanor domestic violence charges from possessing a firearm.

This act, enacted in 1996, can be quite confusing to most. While California has a ten-year ban on restoring gun rights to those who have been convicted for domestic violence, the Lautenberg Act trumps this ban when applicable. This act does not apply to felony offenses, and applies to any individual who meets the requirements because it is retroactive - so it makes no difference if you were convicted prior to the act being enacted. Those who have been convicted on charges of misdemeanor domestic violence should consult with a competent Riverside criminal defense lawyer, who can clearly explain the Lautenberg Act and what may be done to have your gun rights restored.

Are you automatically subject to the Lautenberg Act if you have been arrested for domestic violence? No. There are certain criteria that must be met before this amendment is applicable. Before your right to own firearms can be revoked following a conviction for misdemeanor domestic violence:

The offense must have been committed against an individual who falls under the definition of an intimate partner in California; this does NOT include individuals who were or are dating,

You must have threatened the use of a deadly weapon, or attempted to use physical force,

Your conviction must have been one in which you were entitled to a jury trial and represented by counsel, and the case was tried by a jury, or you knowingly and intelligently waived your right to counsel or a jury trial.

When the Lautenberg Act does not apply in your case, California laws determine if and when your gun rights will be restored. Additionally, if you were convicted of misdemeanor domestic violence it makes no difference whether your gun rights were taken away under the Lautenberg Act, or under state laws, you will not be able to join or remain in the military.

As you can see, losing your gun rights due to a conviction for misdemeanor domestic violence is a very complicated issue indeed. While it seems that the Lautenberg Act is more restrictive, misdemeanor crimes that are not included in California's firearm prohibition, Penal Code 12021 PC, are covered under the act.

If you have questions regarding the Lautenberg Act and whether it may apply in your situation, contact the Riverside criminal defense lawyers at the Law Office of Stephen R. Brodsky. For more than two decades, we have been providing our clients with our knowledge and skill, working to help put lives back on the right track. Contact us today for a free consultation regarding your case.

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