Our Virginia Criminal Defense Lawyers Explain the Loss of Gun Rights After a Domestic Violence Conviction
You could be sentenced to months to decades in prison and ordered to pay a fine of up to $100,000 if you’re convicted of domestic violence in Virginia. Another harsh consequence is that you may lose your gun rights. Fortunately, our strategic Manassas criminal defense lawyers at The Wilson Law Firm can mount an aggressive defense to fight these charges and may be able to help you get your gun rights restored.
When You Could Lose Gun Rights After Virginia Domestic Violence Conviction 
Whether you will forfeit your right to own a firearm after a domestic violence conviction depends on your specific circumstances.
However, even a minor offense could impact your gun rights. You could be prohibited from purchasing or owning a gun in these situations.
1. Felony Domestic Violence Conviction
If you’re convicted of any felony, including domestic assault, you will lose your gun rights in Virginia. You could be convicted of assault and battery against a family or household member as a Class 6 felony under Virginia Code § 18.2-57.2 if you have two prior convictions for this crime, malicious or unlawful wounding, aggravated malicious wounding, or strangulation. Household members include spouses, former spouses, immediate and step-family members, individuals who had a child together, and people living together or who have done so in the past 12 months and their children.
2. Misdemeanor Domestic Violence Conviction
As of July 1, 2021, you could also forfeit gun rights if you’re convicted of assault and battery of a family or household member as a misdemeanor under Virginia Code § 18.2-308.2. Under this statute, you lose your right to own a firearm for three years. A family or household member is defined as:
- The victim’s spouse, whether or not they reside together.
- The victim’s former spouse, whether or not they reside together.
- An individual who has a child in common with the victim, whether or not they were married or have resided together.
3. Protective Order
If the court issues a protective order—also referred to as a no-contact order—prohibiting you from having contact with the victim, you also forfeit your gun rights. If a warrant is issued for your arrest for assault and battery of a family or household member, the magistrate is required to issue an emergency protective order.
Let The Wilson Law Firm Defend You If You’re Charged With Domestic Violence
Our skilled attorneys know that you could have strong defenses to fight the domestic violence charges you face, and we’ll use them to help you achieve the best possible outcome in your criminal case. This is true even if you think you’re guilty. We can also help you get your gun rights restored if you lose them due to a domestic assault conviction and are eligible to have them back.