A controversial topic nationally is the prohibition on individuals convicted of battery with a domestic component. For defendants, it is unique because it is the only misdemeanor crime where an individual is disqualified under federal law from possessing firearms. This disqualifier also prohibits any person in Indiana from being issued a License to Carry a Firearm.
Generally, the notion behind these bars is domestic violence is more serious than other crimes because it tears at the social fabric of our society by destroying or impairing families, the cornerstone of our society and survival. The issue this blog explores is when this ban cuts the other way and impairs the lives of individuals who have these convictions from being productive members of society when they may have changed their life dramatically for the better.
Fortunately, Indiana law is responsive enough to times that there are several ways to legally challenge misdemeanor domestic violence convictions and remove this federal prohibition. The tools and remedies are narrow and used rarely. The key issue for attorneys to seek relief is not the age or a firearm, such as an antique firearm, but the current circumstances of the convicted individual, the passage of time without conviction, and the status of the former victim.
If these are favorable to you, there are responsive courts and laws and remedies to potentially remove this federal prohibition to possess firearms. Certainly, they are controversial, but where a prohibition impedes the right to seek life, liberty and the pursuit of happiness, there may be legal redress.
Ciyou & Dixon, P.C. attorneys practice throughout Indiana and handle firearms cases of all types from denials of a License to Carry a Handgun to criminal charge ranging from criminal recklessness to murder. In addition, Ciyou & Dixon, P.C. advocates consult on firearms matters for individuals to manufacturers throughout the United States. This blog post is intended for general informational purposes and is not intended as a solicitation for legal services or provide legal advice. It is an advertisement.