A conviction for domestic violence in Illinois can have far-reaching consequences, even beyond jail time or fines. One of the most significant and often misunderstood consequences involves gun ownership. If you’ve been convicted of domestic battery, you may be wondering if you can legally own or possess a firearm in Illinois.

At Hirsch Law Group, we understand how high the stakes are for those facing or recovering from a domestic violence conviction. Our experienced attorneys have helped countless clients navigate complex legal restrictions and fight for their rights in Illinois.

Here’s what you need to know about firearm rights and how a domestic battery conviction can impact them.

Firearm Ownership and Federal Law

The issue of gun ownership after a domestic battery conviction is governed by both Illinois state law and federal law. Under federal law, the Lautenberg Amendment makes it illegal for anyone convicted of a misdemeanor crime of domestic violence to possess, ship, transport, or receive firearms or ammunition.

This federal restriction applies even if your conviction was a misdemeanor and not a felony. It also does not matter how much time has passed since the conviction. The ban is lifetime unless you can have your rights restored through a pardon, expungement, or other legal relief (which is rare and difficult).

Illinois Law on Firearms and Domestic Battery

In Illinois, individuals are required to have a Firearm Owner’s Identification (FOID) card issued by the Illinois State Police to possess or purchase firearms. If you are convicted of domestic battery, your FOID card will likely be revoked.

Key Points:

  • You cannot legally apply for or retain a FOID card after a domestic battery conviction.
  • Illinois law mirrors the federal ban and reinforces the prohibition on gun ownership for those convicted of domestic violence crimes.

In other words, both state and federal law work together to prevent you from legally owning a firearm.

Is There Any Way to Restore Gun Rights?

Restoring your firearm rights after a domestic battery conviction is extremely difficult. In Illinois, you may petition the Director of the Illinois State Police for relief to obtain a FOID card, but your petition can be denied if it would violate federal law.

Because federal law imposes a lifetime ban, most petitions are unsuccessful. In rare cases, a pardon or expungement of your conviction may open the door to restoring your firearm rights, but this is not guaranteed and requires a complex legal process.

If you are hoping to regain your gun rights, it’s crucial to consult with an experienced attorney to evaluate your options.

What Happens If You Are Caught With a Firearm?

If you are caught possessing a firearm after a domestic battery conviction, you could face serious consequences, including:

  • Felony charges under both federal and Illinois law
  • Fines and potential prison time
  • Permanent criminal record

In Illinois, unlawful possession of a firearm is a Class 3 felony punishable by 2 to 5 years in prison. Federal charges can carry even harsher penalties.

Contact Hirsch Law Group Today

A domestic battery conviction doesn’t just affect your immediate future—it can impact your rights for years to come. If you are facing charges or trying to understand how your conviction affects your life, contact Hirsch Law Group today.

Our experienced criminal defense attorneys understand the serious consequences of domestic violence convictions, including the loss of gun rights. We’re here to help you navigate these complex legal issues and fight for your future.

Don’t wait until it’s too late to get legal guidance. Call us today for a free consultation and learn how we can protect your rights.