Firearm Purchase Eligibility with Domestic Violence Charges

Firearm eligibility with a domestic violence record involves federal and state law layers. This is not legal advice—consult an attorney.

Federal Law (18 U.S.C. § 922(g)(9))

Prohibits possession/purchase by anyone convicted of a "misdemeanor crime of domestic violence" (MCDV):

• Use/attempted use of physical force or threatened deadly weapon
• Committed by current/former spouse, cohabitant, or parent of shared child
• Applies regardless of state classification
• Lifetime ban unless conviction expunged/pardoned/civil rights restored

Additional Federal Prohibitions

• Felony DV conviction → permanent ban
• Active DV protective order (18 U.S.C. § 922(g)(8)) → ban while order in effect

State Variations (Examples)

• California: 10-year ban for misdemeanor DV; lifetime for felony
• New York: Misdemeanor DV → license revocation, 5-year ban
• Texas: Class A misdemeanor DV → 5-year ban post-conviction
• Some states: Broader definitions, longer bans, mandatory surrender

Process & Nuances

• NICS background check flags prohibitions
• Expungement/restoration varies by state; federal recognition not automatic
• Arrest ≠ conviction; pending charges may delay but not necessarily prohibit
• Antique firearms (pre-1899) may be exempt federally

Critical Step

Hire a firearms rights attorney in your state to analyze your specific conviction, current status, and restoration options. Errors risk federal felony charges.