2nd Amendment and Right to Bear Arms/Domestic Violence VS. 2nd Ammendment
Expert: n/a - 7/12/2007
QuestionI was convicted of Domestic Violence 2 years ago and unfortunately lost my right to own a gun. Although no weapon of any such was used and no violence occurred I still lost this right. In fact anyone can lay claim on someone else accusing them of domestic violence and in an effort to protect themselves from suit the courts typically grant the plaintiff a restraining order. It is far to easy these days to lay a victim to domestic violence allegations. Is there any way without expunging my record to re-instate my 2nd amendment rights? Also, does the domestic violence provisions extend to private hunting property? Is anyone petitioning the domestic violence law allowing the reinstatement of the 2nd amendment. I understand the reasoning behind it but as I said it is far too easy to accuse someone and then take their right away. Thanks for your help.
AnswerIt all depends on the State which you were convicted. Your rights to bear arms as of now are 100% taken including on your own property. In some states you are allowed to get a Certificate of Rehabilitation or Restoration of Rights although domestic violence may have a restriction on the carry of any weapons. I had the same problem with a former girlfriend and the courts dismissed my case, Sometimes it's best to fight these cases until the end. I for one don't believe in Domestic Violence without Violence or the threat of violence.
Try your local court office to see if you qualify for restoration of rights. I'm assuming you have a misdemeanor offense and not a felony and you are no longer on probation nor do you have any restitution payments.