Can a Domestic Violence Arrest Affect Your Right to Own a Gun in Bakersfield?

For many people arrested on domestic violence allegations, one of the most surprising consequences involves firearms.

You may assume that your gun rights cannot be affected unless you are convicted.

That is not necessarily the case.

A protective order issued while the criminal case is pending may impose firearm restrictions before there has been any determination of guilt.

A protective order may restrict firearm possession

Courts frequently issue protective orders in domestic violence cases.

Depending on the order, a person may be prohibited from possessing, purchasing, or receiving firearms or ammunition while the order remains in effect.

This can become an immediate issue after an arrest.

What if you already own firearms?

If a court order prohibits firearm possession, simply keeping firearms at home may create additional legal problems.

The order may include instructions and deadlines concerning how firearms must be handled.

It is important to read the order carefully and comply with its requirements.

Ignoring a firearm restriction because you disagree with the underlying domestic violence allegation can make the situation considerably worse.

Firearm restrictions can affect your employment

For some people, firearms are not simply recreational.

Gun restrictions may create serious employment concerns for people whose jobs require them to possess or carry a firearm.

This may include certain:

• Security personnel
• Law enforcement employees
• Armed guards
• Other occupations involving firearms

The effect on employment depends on the circumstances and the applicable rules.

A conviction may create longer-term consequences

The consequences of a domestic violence conviction can extend beyond the period when a temporary protective order is in place.

Depending on the offense and circumstances, state and federal firearm laws may restrict firearm possession following a conviction.

The duration and scope of those restrictions depend on the specific case.

An arrest is not a conviction

It is important to distinguish between the criminal allegation and the restrictions imposed while the case is pending.

Being arrested does not mean that you have been found guilty.

However, court orders issued during the case must still be followed unless and until they are changed or terminated by the court.

Do not attempt to work around a firearm restriction

If you are subject to a court order prohibiting firearm possession, do not attempt to hide firearms, temporarily keep them somewhere you can still access them, or otherwise evade the order.

Violating a protective order or firearm restriction may result in additional criminal consequences.

If you are uncertain about what the order requires, obtain legal advice promptly.

What you should do now

If a domestic violence arrest has affected your firearm rights:

1. Read every protective order carefully.
2. Pay close attention to firearm and ammunition restrictions.
3. Comply with all deadlines and surrender requirements that apply to you.
4. Do not possess or attempt to purchase firearms while prohibited.
5. Speak with a domestic violence lawyer about the criminal case and your firearm rights.

Firearm restrictions can arise quickly after a domestic violence arrest, making early legal advice especially important.

Speak with a Bakersfield domestic violence lawyer today

If you are facing domestic violence charges in Bakersfield, Martens Law Firm can review your case, explain your legal options, and help protect your rights.

📞 Call (661) 590-0385 for a free consultation.

Written by Martens Law Firm