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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27460
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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can one own a gun or pistol in ones home on either a simple

Customer Question

can one own a gun or pistol in one's home on either a simple battery charge or a battery charge in the state of georgia (exp:home protection)? even though they are both misdemeaner.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hi Jacustomer,

It depend on who the complainant is. 18 USC 922(d ) says that a person convicted of a crime of domestic violence cannot own or possess a gun. He loses his Federal gun rights. This is a by-product of the Violence Against Women Act.

In fact, it's a more complex than that in that he is unable to own or possess a gun while a domestic member has a protective order against him, even if there is not yet a conviction. (Though if there is no conviction he can usually get his guns back unless the court holds otherwise).

The Federal bar is a lifetime bar, though a defendant can sometimes do some fancy dancing around that if he can get his gun rights restored on the state level and his case expunged, set aside or pardoned.

Other than that, unless a misdemeanor sentence is greater than a year, the Federal government is primarily concerned with keeping guns away from felons.

BUT Georgia does have its own laws too, and it says that a person convicted of a forcible misdemeanor (even if it's not a domestic case) loses his gun rights for 5 years after his sentence is complete.

So the answer is a person who is convicted of a battery or simple battery in Georgia loses his state gunrights for 5 years. (and the feds will take them away too and back the state).

However, a person charged with a domestic battery or simple battery loses his Federal gun rights as soon as a protective order issues, and loses them in many cases for good after a domestic violence conviction.