A domestic violence conviction can affect your ability to own or even possess a firearm. Less than two years ago, New York strengthened its laws by enacting the Safe Homes and Families Act.
Under the law, when police respond to an alleged or suspected incident involving a “family offense,” they have the right to temporarily confiscate any firearm that’s in plain sight or that is located as part of a legal search. They can also take the firearm owner’s license.
If no protector order is obtained and the owner of the firearms has not been charged with or convicted of any crime that would prohibit them from owning a firearm within 48 hours, the weapons must be returned to the owner.
What are “serious offenses” under New York law?
Under New York law, if a person is charged with a “serious offense,” including domestic violence, their firearms license can be suspended, which means they can’t legally possess a gun. prohibited from getting a firearms license, and any existing license they have is revoked. That means they can no longer legally possess firearms.
These “serious offenses” include:
- Misdemeanor stalking
- Harassment
- Trespassing
- Menacing
- Assault
- Sexual offenses
- Child endangerment
If a person has a protective order issued against them, the court may either suspend or revoke their firearms license if they believe they pose a threat to the alleged victim or others and their firearms confiscated.
If a person is convicted of any serious offense, their license may be revoked. As noted above, these offenses don’t necessarily have to be felonies.
These laws around firearms possession and ownership are for the protection of people who may be in jeopardy of harm or death by an abuser. However, even if you’ve been wrongfully arrested and charged with a domestic violence-related offense, you can lose your right to carry a firearm. That’s just one reason why it’s crucial to seek sound legal guidance to protect your rights, provide a vigorous defense and/or lessen the consequences of a situation that got out of hand.