Federal Gun Charges for Domestic Violence Misdemeanor

Federal Gun Charges for Domestic Violence Misdemeanor

A misdemeanor. The “minor” crime. The charge your lawyer said was “the best deal we could get.” That misdemeanor domestic violence conviction now makes every gun in your house evidence of a federal felony. Not a state violation. A federal crime carrying up to ten years in federal prison. The same handgun that was legal yesterday becomes contraband today because you pushed someone during an argument three years ago.

Welcome to Spodek Law Group. We created this page because the Lautenberg Amendment catches people completely off guard. Congress decided in 1996 that anyone convicted of a misdemeanor crime of domestic violence loses their Second Amendment rights – permanently. Not temporarily. Not until probation ends. Forever. And the law applies retroactively, meaning your 1985 conviction for grabbing your spouse’s arm during an argument still counts.

The question most people ask is “how can a misdemeanor trigger federal charges?” Because Congress specifically wrote it that way. 18 U.S.C. § 922(g)(9) makes it a federal felony – punishable by up to 10 years imprisonment – to possess a firearm after being convicted of a domestic violence misdemeanor. The minor crime becomes a major prohibition. The “slap on the wrist” plea deal becomes a career-ending, rights-destroying trap that most people don’t understand until federal agents are at their door.

What Counts as a “Domestic Violence Misdemeanor”

The legal definition is broader than almost anyone expects. A “misdemeanor crime of domestic violence” under federal law means any offense that has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed against a person in a domestic relationship.

Heres where it gets dangerous. “Physical force” dosent mean violent force. The Supreme Court clarified this in United States v. Castleman. Physical force means offensive touching. A grab. A push. A slap. Any contact that’s rude, angry, or unwanted. The 9-0 ruling made clear that the common misdemeanor assault conviction – the one your lawyer called “no big deal” – absolutely qualifies under this federal prohibition.

Think about that for a second. You and your spouse have an argument. You grab her arm. She calls the police. You plead guilty to misdemeanor assault – third degree assault, simple assault, whatever your state calls it – because your lawyer says its the easiest way to make this go away. Nobody mentions that youve just triggered a lifetime federal firearms ban.

And its not just physical contact. Attempted force counts. Swinging at someone and missing counts. Threatening someone with a weapon counts. The category of qualifying offenses is enormous, and most people have no idea there conviction falls within it.

The domestic relationship requirement expanded in 2022. The Bipartisan Safer Communities Act closed the “boyfriend loophole” – dating partners now trigger the ban, not just spouses, parents, and cohabitants. If you were convicted of misdemeanor assault against an ex-girlfriend, you may now fall under federal firearms prohibitions that didnt apply when you were convicted.

A single moment of anger can permanently end your firearms rights. This isnt theory. This is federal law.

The Lifetime Ban Nobody Mentions

This is were plea deals become disasters.

Your defense attorney negotiates a “good outcome” – misdemeanor assault instead of felony charges. You avoid prison. You pay a fine. You think its over. Nobody tells you that you just agreed to never legally possess a firearm again for the rest of your life.

The Lautenberg Amendment creates a permanent prohibition. Not five years. Not until probation ends. Permanent. The same prohibition that applies to convicted felons now applies to you because you pleaded guilty to what you thought was a minor offense.

And the law dosent care when your conviction happened. The amendment applies retroactively. Convicted of domestic battery in 1980? You’ve been federally prohibited from possessing firearms since 1996. Every day you’ve had a gun in your house since then has been a federal felony. Multiple counts, potentially. One for each day, each firearm.

The hunter who pleaded guilty to pushing his wife during an argument in 1992 has technically been committing a federal crime every hunting season for nearly thirty years. He dosent know it. His lawyer didnt tell him. And federal prosecutors, when they find out, dont care about his ignorance.

Spodek Law Group has seen clients whose entire lives unraveled because of this disconnect. They took what seemed like reasonable plea deals. They continued living as gun owners. Then something triggers federal attention – a new domestic dispute, a routine background check, a neighbor’s complaint – and suddenly there facing federal charges for possessing firearms they’ve owned for decades.

Operation 922 – How Federal Prosecution Actually Works

If you think federal prosecutors arnt actively looking for people in your situation, think again.

Operation 922 is a federal initiative in Oklahoma specifically targeting domestic violence offenders who possess firearms. The results tell you everything you need to know about how seriously the government takes these cases.

Since 2018, 352 defendants have been charged under Operation 922 in the Western District of Oklahoma alone. Of those 352 defendants, more than 94% have pleaded guilty or been convicted at trial. Thats not a typo. 94% conviction rate. When federal prosecutors charge you with violating the Lautenberg Amendment, they almost always win.

The average sentence for those convicted? 74 months in federal prison. Thats over six years. For possessing a firearm after a misdemeanor conviction. The “minor” crime you thought was behind you leads to six years of federal incarceration.

Operation 922 has removed 495 firearms and more than 12,250 rounds of ammunition from domestic violence offenders. These arnt theoretical prosecutions. These are real people, with real guns, going to real federal prison for real sentences.

Todd Spodek tells clients that these cases are not prosecuted casually. When federal authorities decide to charge you under 922(g)(9), theyve already built the case. They know about your conviction. They know about your firearms. The question isnt wheather they can prove it – the question is wheather you have any defense at all.

When Careers End Overnight

The Lautenberg Amendment contains no exception for law enforcement officers or military personnel.

Read that again. Police officers who carry firearms as part of there sworn duty lose the right to possess those firearms if convicted of a domestic violence misdemeanor. Soldiers who are issued weapons cannot legally possess them. The people whose careers require firearms are the exact people most devastated by this prohibition.

Heres the irony. The Gun Control Act originally exempted law enforcement and military from firearms prohibitions during official duties. When Congress passed the Lautenberg Amendment, they specifically removed that exemption. The only people who DONT get protection under this law are the people who need firearms most for there jobs.

A police officer with fifteen years on the force gets into an argument with his wife. Things escalate. Charges are filed. He pleads to misdemeanor assault because his lawyer says its the best outcome. The next day, he cant legally carry his service weapon. He cant perform his duties. His career is over – not because he committed a serious crime, but because he committed any crime that qualifies under the Lautenberg definition.

Military personnel face the same reality. A civilian domestic violence conviction triggers federal firearms prohibition that applies even to service weapons. You cant serve in the military if you cant legally carry a weapon. Discharge follows. Career benefits disappear. All from a misdemeanor conviction in civilian court.

Spodek Law Group has represented law enforcement officers and military members facing this exact situation. The devastation is complete. Years of service, pension rights, career identity – all gone because of how a minor charge was handled.

The Constitutional Challenge That Failed

After the Supreme Court decided Bruen in 2022, gun rights advocates hoped domestic violence firearms restrictions might be struck down. The argument was that these restrictions had no historical analogue – the founders didnt ban guns for domestic violence offenders.

The Supreme Court rejected this argument decisively.

In United States v. Rahimi, decided in 2024, the Court upheld domestic violence firearms restrictions 8-1. Zackey Rahimi had a civil restraining order against him. He then shot at people multiple times – including firing at a truck that flashed its lights at him and shooting into the air when a restaurant declined his friend’s credit card. The Court said that when an individual poses a credible threat to others, that person can be disarmed consistent with the Second Amendment.

Chief Justice Roberts wrote that Bruen dosent require an exact historical match for gun regulations. Courts should look for similar analogues and general principles, not identical laws from 1791. The history of firearms regulation, Roberts explained, includes preventing individuals who threaten others from misusing firearms.

This matters because it closes the constitutional escape hatch. Before Rahimi, defendants could argue that domestic violence gun restrictions were unconstitutional under Bruen. After Rahimi, that argument is essentially dead. 8-1 is not a close call. The constitutional challenge failed comprehensively.

For defendants facing charges today, this means you cant rely on Second Amendment arguments to dismiss your case. The law has been upheld. Prosecutions will continue. Sentences will be imposed.

Penalties for Possession After MCDV

The statutory maximum for possessing a firearm after a misdemeanor crime of domestic violence is 10 years federal imprisonment under 18 U.S.C. § 922(g)(9). The fine can reach $250,000. Supervised release of up to three years follows any prison sentence.

But heres the inversion that destroys people. Your underlying crime was a misdemeanor. Possessing a firearm after that misdemeanor is a federal felony. The minor crime creates the predicate for major punishment. You thought you were pleading to something small. You created the foundation for something massive.

Federal sentencing guidelines factor in criminal history, the circumstances of possession, and wheather the firearm was used in additional criminal conduct. Operation 922’s 74-month average sentence shows what actually happens – not the 10-year maximum, but significant prison time nonetheless.

And the consequences extend beyond prison. A federal felony conviction means permanent firearms prohibition (now as a felon, not just as a DV offender). It means difficulty finding employment. It means explaining to every future background check why you went to federal prison. The misdemeanor domestic violence conviction was bad. The federal felony for firearm possession is catastrophic.

The Plea Deal Trap

This is were criminal defense goes wrong more often then anywhere else.

Your attorney is focused on avoiding jail time, avoiding a felony conviction, protecting your immediate interests. The misdemeanor domestic assault plea looks good. Its quick. Its certain. It lets you go home. What your attorney may not mention – what they might not even know – is that this plea will destroy your firearms rights forever.

The problem is systemic. Most criminal defense attorneys arnt firearms specialists. They handle the immediate case. They get you the best deal on the charges in front of you. The collateral consequences – immigration status, professional licensing, firearms rights – often get overlooked. And the Lautenberg consequences are particularly hidden because the firearms prohibition isnt part of the state court plea colloquy.

The judge dosent tell you that pleading guilty to misdemeanor assault means you can never own a gun. The prosecutor dosent mention it. Your own attorney might not realize it. You sign the plea agreement, accept the “good deal,” and walk out of court having just triggered a lifetime federal prohibition you dont know about.

For gun owners, for hunters, for people whose careers involve firearms – this oversight is devastating. The plea that avoided thirty days in county jail leads to six years in federal prison when you keep hunting with your rifle. The “win” in state court becomes a disaster in federal court.

Todd Spodek has seen this pattern repeatedly. Clients come to Spodek Law Group after discovering – sometimes years later – that there misdemeanor conviction carries consequences nobody explained. By then, the original case is closed, the original lawyer is gone, and the federal exposure is real.

If your facing domestic violence charges now, you need an attorney who understands firearms law alongside criminal defense. The goal isnt just avoiding the worst immediate outcome. The goal is understanding ALL the consequences before you make any decision.

How These Cases Get Built

Federal prosecution under 922(g)(9) follows predictable patterns.

Often, the trigger is a new domestic incident. Police respond to your home. They discover firearms. They run your record and find the prior domestic violence conviction. What started as a new argument becomes a federal referral.

Sometimes its a Form 4473. You try to buy a firearm legally. The background check reveals your prior conviction. ATF gets notified. Agents start investigating. The attempted purchase itself becomes evidence that you knew about the prohibition.

Occasionally, its informants. Ex-spouses, neighbors, or acquaintances report that you own guns despite a domestic violence conviction. Federal agents follow up. They dont need a search warrant to knock on your door and ask questions. They need a warrant to search, but they can ask – and whatever you say becomes evidence.

Operation 922 in Oklahoma actively coordinates with local law enforcement to identify domestic violence offenders who possess firearms. Police departments share information. Federal prosecutors prioritize cases. The 352 defendants charged since 2018 didnt all come from random discoveries – many came from systematic enforcement efforts.

The investigation timeline varies. Some cases develop quickly after a new incident. Others build slowly as agents gather evidence of ongoing possession. Federal prosecutors dont rush. They build cases designed to guarantee conviction – hence the 94% success rate.

What dosent help you: assuming federal agents wont find out. What dosent help you: thinking your small town is too insignificant for federal attention. What dosent help you: believing your old misdemeanor somehow aged out of relevance. Federal prohibition dosent expire. Federal prosecution can happen anytime.

Restoring Your Rights – Why It’s Harder Than You Think

Heres another uncomfortable truth. Restoring firearms rights after a domestic violence misdemeanor is harder then restoring them after many felonies.

Expungement of the underlying conviction dosent automatically restore your rights. The federal statute specifically requires that the conviction be “expunged or set aside” AND that the person has had their firearms rights restored. If your state expunges the conviction but dosent specifically restore firearms rights, you remain prohibited under federal law.

Some states dont have mechanisms to restore firearms rights after misdemeanor convictions. The expungement process addresses the criminal record, not the collateral consequence of firearms prohibition. You might have a clean record under state law while still being federally prohibited.

The Bipartisan Safer Communities Act created one narrow exception. If your conviction involved a dating relationship (the “boyfriend loophole” category), the prohibition may be limited to five years rather then lifetime – but only if you complete probation and have no additional disqualifying offenses. Other domestic relationships – spouse, parent, cohabitant – remain lifetime prohibitions with no automatic restoration.

Getting out from under this ban requires careful legal work, often in multiple jurisdictions. The state conviction, the federal prohibition, and the restoration process all operate under different rules. Miss one step and you remain prohibited despite your efforts.

If You’re Facing MCDV Gun Charges

Maybe your reading this because you’ve been charged with possessing a firearm after a domestic violence conviction, or because you just realized your old misdemeanor might prohibit you from owning guns. Heres what you need to understand.

These cases are defensible. Not simple, but defensible.

The underlying conviction matters. Not every assault or battery conviction qualifies as a “misdemeanor crime of domestic violence” under the federal definition. If your conviction lacked the physical force element, or if the domestic relationship wasnt proven as part of the conviction, you may not actually be prohibited.

Due process protections matter. The Lautenberg Amendment requires that you were represented by counsel or knowingly waived counsel, and that you had a jury trial or knowingly waived jury trial. If your underlying conviction violated these procedural requirements, the federal prohibition may not apply.

But defense requires immediate action. If federal agents contact you, stop talking. The statements you make about your conviction and your firearms become evidence against you. Dont try to explain. Dont try to minimize. Dont assume cooperation helps.

Call Spodek Law Group at 212-300-5196 before you answer any questions. We handle federal firearms cases and understand how MCDV prosecutions develop. The consultation is confidential.

The gap between what people think they pleaded to and what the federal government considers disqualifying is enormous. That gap puts people in federal prison for possessing firearms they thought they could legally own.

Call us at 212-300-5196. If theres any question about wheather your domestic violence conviction prohibits firearms, you need answers before federal agents come asking questions.