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Yes, You Can Petition to Restore Your Second Amendment Rights After a Domestic Violence Conviction

One of the most significant consequences of a domestic violence conviction is that the convicted generally loses their right to possess a firearm. However, you may not have to go the rest of your life without possessing a firearm, should you desire to own one for self-defense, hunting, or any other reason.

Indiana Law Generally Prohibits Those Convicted of Domestic Battery from Owning a Firearm—At Least, for a Certain Period

Those convicted of domestic battery in Indiana are generally barred from possessing a firearm for at least five years after the conviction, as Ind. Code § 35-47-4-6 explains. According to this statute, you may face Class A misdemeanor charges if you “knowingly or intentionally” possess a firearm following a conviction for domestic battery.

Fortunately, Indiana law does not prohibit you from owning a firearm indefinitely because you’ve been convicted of domestic violence. Once five years have passed from the date of your conviction, you can petition for the restoration of your Second Amendment rights.

The State Does Not Automatically Restore Your Right to Own a Firearm on the Fifth Anniversary of Your Conviction

To be clear, you should not visit your local firearms dealership and expect to purchase arms on the day the five-year window closes. You will need to petition the state to restore your right to own a firearm, which generally requires that you:

  • Wait for five years to pass from your conviction date
  • Filing a formal petition with the proper court 
  • Include in the petition reasons why you believe you should have your right to own a firearm restored, which may include gainful employment, contributions to your family and community, participation in substance abuse rehabilitation programs, or any other fact that reflects positively upon you

Various factors can affect the strength of your petition, including whether you currently have a protective order filed against you. An experienced criminal defense lawyer from our team will personally review your case, evaluate your prospects for restoring your rights, and move forward with your petition if you so choose.

Call Razumich & Associates Today to Petition for Your Right to Once Again Own a Firearm

The right to lawfully possess a firearm is enshrined immutably in the Constitution, as is the right to free speech and the right to vote. While state and federal governments can restrict this right in light of certain criminal convictions (including certain domestic offenses), you should not hesitate to restore this right once legally permitted.

The petition process can be challenging, which is why many who have paid their dues in Indiana turn to Razumich & Associates for help petitioning the appropriate authorities. Call our team today at 317-449-8661 or contact us online to discuss how we can fight for your Second Amendment rights.

We can also assist you in seeking an expungement of any domestic violence conviction on your record.

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