How a Family Violence Conviction Can Affect Your Gun Rights in Georgia
If you’ve been charged or convicted of a family violence offense in Georgia, you might already be concerned about fines, jail time, or your reputation. But one consequence that many people don’t expect — and that can change your life for years to come — is the loss of your right to own or carry a firearm.
Gun ownership is a constitutional right protected by the Second Amendment, but that right can be taken away under both federal and Georgia state law if you’re convicted of certain crimes — especially domestic or family violence offenses.
At our firm, we understand how high the stakes are. As the best criminal defense attorney in Georgia, we’ve helped countless individuals fight serious charges, preserve their constitutional rights, and protect their future. Below, we’ll break down how a family violence conviction can impact your gun rights — and what you can do right now to fight back.
What Is a “Family Violence” Offense in Georgia?
In Georgia, family violence doesn’t just apply to spouses. It includes crimes committed against:
- Current or former spouses
- Parents and children
- Stepparents and stepchildren
- Roommates or people who live in the same household
- People who share a child (even if they’ve never lived together)
Common family violence charges include:
- Assault
- Stalking
- Criminal damage to property
- Unlawful restraint
Even a misdemeanor charge under Georgia’s Family Violence Act (FVA) can carry serious, long-term consequences, including restrictions on gun rights.
How a Family Violence Conviction Affects Your Gun Rights
1. Federal Firearm Ban (Lautenberg Amendment)
If you’re convicted of a misdemeanor crime of domestic violence, federal law prohibits you from owning or possessing firearms or ammunition.
This ban is part of the Lautenberg Amendment to the Gun Control Act of 1968 and applies even to misdemeanor offenses — meaning you don’t have to be convicted of a felony to lose your gun rights.
In short:
✅ One misdemeanor family violence conviction = ❌ No guns for life (under federal law)
This ban applies regardless of whether the Georgia court mentions firearms in your sentence.
2. Georgia Law and Firearm Possession
Under Georgia law, individuals convicted of a felony are prohibited from possessing firearms. But Georgia does not have a state-level firearm ban for misdemeanor family violence convictions.
However, because federal law supersedes state law, you may still lose your gun rights even if Georgia law says otherwise.
The problem? Many people don’t realize this until it’s too late — like when they try to purchase a firearm and fail the background check.
What If You’re Under a Temporary Protective Order (TPO)?
Even before you’re convicted, a judge can issue a TPO (restraining order) against you in a family violence case. A TPO can:
- Restrict you from possessing a firearm
- Lead to criminal charges if violated
- Be used as evidence against you in a criminal trial
This means that you could lose your gun rights temporarily even before your case is resolved.
Why This Matters — Especially for Gun Owners
If you’re a hunter, veteran, law enforcement officer, or even a concealed carry permit holder, a family violence charge can disrupt your entire life:
- Lose your permit or license
- Be disqualified from jobs that require firearm possession
- Risk arrest for unlawful possession if you don’t surrender your weapons
How a Criminal Defense Attorney Can Help Protect Your Gun Rights
When your rights and reputation are on the line, working with an experienced criminal defense attorney in Georgia is critical. Here’s how we help:
✅ Fight the Charges Aggressively
We work to dismiss or reduce charges to offenses that won’t impact your gun rights. Not all violent crimes fall under the Lautenberg Amendment — the specific charge matters.
✅ Avoid a Conviction
Whether through case dismissal, a plea to a lesser offense, or trial victory, we aim to prevent any outcome that could cost you your Second Amendment rights.
✅ Protect You During a TPO
If you’re facing a TPO hearing, we can present evidence on your behalf and help minimize or eliminate firearm restrictions while the case is ongoing.
✅ Advise on Federal and State Law
Gun laws are complex and constantly evolving. We make sure you understand your legal standing and avoid unintentional violations.
Don’t Wait — One Mistake Can Cost You Your Rights
Even if you believe the accusation is minor or will be cleared up quickly, it’s important to take every family violence charge seriously.
Once you’re convicted, restoring your gun rights is extremely difficult — and in many cases, impossible. That’s why early, aggressive legal action is so important.
If you’ve been charged with family violence in Georgia — or if you’re worried about how a conviction could affect your gun rights — contact our office immediately. Your future is too important to leave to chance.
✅ Speak with a Georgia Criminal Defense Lawyer Today
At our firm, we’ve defended countless individuals facing serious charges like family violence, aggravated assault, and firearm-related crimes. We understand what’s at stake — and we fight hard to protect your freedom and your future.
🔍 Frequently Asked Questions (FAQs)
1. Can I own a gun after a family violence conviction in Georgia?
No — under federal law, even a misdemeanor family violence conviction can permanently ban you from owning or possessing a firearm.
2. Will a protective order (TPO) automatically take away my gun rights?
It can. Judges often include gun restrictions in TPOs, even before a criminal conviction is entered. Violating that order could lead to further charges.
3. Can a lawyer help me keep my gun rights after a family violence charge?
Yes. An experienced criminal defense lawyer may be able to get the charges dropped, reduced, or resolved in a way that avoids the firearm ban. The sooner you act, the better your options.
