Assault & Battery gun rights

[guestpost]

Is it true that you may have your gun rights taken from you if you are charged with 3rd degree domestic?

 

[Michael Wechsler]

Is it true that you may have your gun rights taken from you if you are charged with 3rd degree domestic?

I believe that this is accurate. For example, being convicted of this statute will mean that you will need to forfeit your rights to a gun license:

§ 5-26-305. Domestic battering in the third degree.

(a) A person commits domestic battering in the third degree if:

(1) With the purpose of causing physical injury to a family or household member, a person causes physical injury to a family or household member; or

(2) A person recklessly causes physical injury to a family or household member; or

(3) A person negligently causes physical injury to a family or household member by means of a deadly weapon; or

(4) A person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to a family or household member, without the family or household member's consent, any drug or other substance.

(b)(1) Domestic battering in the third degree is a Class A misdemeanor.

(2) However, if the person has, within the past five (5) years, committed a prior offense of domestic battering in the first degree, § 5-26-303, domestic battering in the second degree, § 5-26-304, or domestic battering in the third degree, or has violated an equivalent penal law of this state or of another state or foreign jurisdiction, domestic battering in the third degree is a Class D felony.