Will I lose my gun rights if I am convicted of X crime?

May 8, 2023

If you are a gun owner or someone interested in owning a firearm, it is important to understand your federal firearm rights and the potential consequences of committing a crime involving a felony or domestic partner.

Consequences of your charges

First and foremost, it is illegal under federal law for anyone convicted of a felony to possess a firearm.  If you have been convicted of a felony, it is important to know that possessing a firearm could result in significant legal consequences, including fines and imprisonment.

Similarly, if you are involved in a domestic violence situation, federal law prohibits you from possessing a firearm. This is true even if you have not been convicted of a felony. If you have a protective order or have been convicted of a misdemeanor domestic violence offense, you are prohibited from possessing a firearm under federal law.

It is also important to note that any criminal conviction, regardless of whether it involves a felony or domestic violence, can impact your federal firearm rights. This includes crimes related to drug use or mental health issues.

If you are a gun owner, it is important to stay up to date on federal firearm laws and regulations. If you have been convicted of a felony or have a protective order or domestic violence conviction, it is important to consult with a knowledgeable attorney to understand your legal options and potential consequences. In addition, if you are ever charged with a federal firearms offense, it is critical to have experienced legal representation to protect your rights and minimize the impact on your future.

Nebraska's interpretation of federal law

Federal law

It is a federal crime to possess a firearm under 18 U.S.C. § 922(d)(9) if a person:

has been convicted in any court of a misdemeanor crime of domestic violence;

Federal law, 18 U.S.C. § 921(a)(32), states: 

The term “intimate partner” means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.

Further, 18 U.S.C. § 921(a)(33) states:

(i) is a misdemeanor under Federal, State, Tribal, or local law; and

(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, by a person similarly situated to a spouse, parent, or guardian of the victim, or by a person who has a current or recent former dating relationship with the victim.

Nebraska law

The Supreme Court of the United States has three "techniques" when determining what a statute means.  While it is rather technical, for the purpose of this blog post, what you need to know is that the Nebraska Supreme Court has adopted two of those approaches when deciding whether a crime in Nebraska falls under 18 U.S.C. § 921 and § 922.  A court analyzes any statute like this:

1) They first look at what the charge says.  Is it a crime involving the use of or attempted use of physical violence?

2) Then they ask does the defendant's relationship to the victim fall under the definition of an "intimate partner"?

If the answer to both of those questions are "yes," then it is a criminal charge that qualifies as a misdemeanor crime of domestic violence under § 922(d)(9).

Conclusion

If you have been charged with a felony or a misdemeanor involving someone you believe might qualify as an "intimate partner" it is vitally important that you contact an attorney as quickly as possible to preserve your federal right to possess a firearm.  If you wish to contact our firm, please visit our "Contact Us" page or give us a call at (308) 728-3676. 

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