Under federal law, those who have been convicted of domestic violence cannot legally possess a gun. This is true in every state even though domestic violence laws may vary from state to state. Various states have interpreted the firearms ban in different ways, but last week the U.S. Supreme Court issued a ruling that clarifies and strengthens the federal ban.

Some states have operated under the assumption that the ban was only meant to take effect in cases that involved physical violence. And, some cases that are characterized as domestic violence do not always involve violent acts and injuries; such cases might involve accusations of poisoning or psychological abuse and intimidation, for example. Certain states have allowed individuals convicted in such cases to possess guns.

The Supreme Court decision stems from the case of a man who pleaded guilty to inflicting bodily harm on his child’s mother in 2001. Eight years later, he faced a federal weapons charge because he was caught with guns while he had a domestic violence conviction on his record.

The man argued that he should not face such charges because it had not been proven that he used physical force in his domestic violence case. A federal judge and an appeals court agreed with him, but last week the Supreme Court unanimously decided that anyone who has been convicted of a domestic violence charge is subject to the federal firearms ban, regardless of whether the case involved the defendant’s use of physical injury or violence.

This decision provides a layer of protection for victims of domestic violence, and it makes it even more important for victims to understand their legal options. It is also a reminder of the far-reaching effects of domestic violence accusations, and the importance for those on the receiving end of such charges to seek legal counsel promptly and prepare a proper defense.

New Jersey residents who are suffering from domestic abuse and battery, and those who are facing false accusations, will benefit from consulting an experienced domestic violence attorney about their options.

Source: New York Times, “Sweeping Ruling on Domestic Violence,” Adam Liptak, March 26, 2014

Source: Los Angeles Times, “Supreme Court keeps guns away from those guilty of domestic violence,” David G. Savage, March 26, 2014