In the event an individual pleads guilty to or is convicted of a misdemeanor family (domestic) violence charge in the state of Georgia, that individual loses their right to possess, purchase, and transport firearms. For a misdemeanor family violence charge, however, the ability to possess firearms is lost due to federal law, not state.
FEDERAL LAW: MISDEMEANOR CRIME OF DOMESTIC VIOLENCE
Under federal law, “[a] ‘misdemeanor crime of domestic violence’ is an offense that:
- Is a misdemeanor under federal, state, or tribal law;
- Has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon; and
- Was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.
However, a person is not considered to have been convicted of a misdemeanor crime of domestic violence unless:
- The person was represented by counsel in the case, or knowingly and intelligently waived the right of counsel in the case; and
- In the case of a prosecution for which a person was entitled to a jury case was tried, either –
- The case was tried by a jury, or
- The person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
In addition, a conviction would not be disabling if it has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing firearms.” ATF (18 U.S.C. 921(a)(33); 27 CFR 478.11).
APPLYING FOR A PARDON IN THE STATE OF GEORGIA
Based on this direction from the federal government, in the state of Georgia, an individual with a conviction for a misdemeanor family violence charge would need to apply for a pardon in Georgia to attempt to restore their firearm rights.
The pardon process is handled exclusively by the Georgia Board of Pardons and Paroles. You can review the pardon application online by visiting the website for the Board of Pardons and Paroles.
Obtaining a pardon is never a guarantee, the process can be long and tedious, and the technical criteria you have to meet can often be confusing. However, if you are considering applying for a pardon, or you are interested in learning more about the process, our firm is here for you.
CONTACT US TODAY
At The Sellers Law Firm, LLC, we have years of experience in helping clients apply for pardons in the state of Georgia. Give us a call today at 770-415-9848 to discuss restoring your rights at The Sellers Law Firm, LLC: where clients become family.
You may also submit a case evaluation request on our website HERE.
To learn about restoring your gun rights, which were lost due to a federal offense, click HERE.
To learn about restoring your gun rights, which were lost due to a state of Georgia felony offense, click HERE.