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Is Domestic Violence a Felony? Gun Rights After Domestic Violence Cases

Last reviewed: 2026-08-28Topic: Federal Gun Laws
Quick answer

Domestic violence can be charged as a misdemeanor or felony. Firearm consequences can arise either way: 18 U.S.C. § 922(g)(9) covers qualifying misdemeanor crimes of domestic violence, § 922(g)(1) covers qualifying felonies, and § 922(g)(8) covers specified domestic-violence restraining orders.

Domestic violence can be charged as a misdemeanor or felony. Firearm consequences can arise either way: 18 U.S.C. § 922(g)(9) covers qualifying misdemeanor crimes of domestic violence, § 922(g)(1) covers qualifying felonies, and § 922(g)(8) covers specified domestic-violence restraining orders.

Is domestic violence a felony?

The classification depends on the jurisdiction, alleged conduct, injuries, prior convictions, relationship, weapon use, strangulation, and other facts. Many states have both misdemeanor and felony domestic-violence offenses.

Federal misdemeanor domestic violence firearm ban

A misdemeanor can trigger § 922(g)(9) if it satisfies the federal definition. United States v. Castleman is a major Supreme Court case interpreting the physical-force component of that definition.

Restraining orders and Rahimi

Section 922(g)(8) addresses specified court orders involving an intimate partner or child. In United States v. Rahimi, the Supreme Court upheld the statute as applied to a person found to pose a credible threat to another’s physical safety.

Restoration and expungement

Domestic-violence firearm disabilities can have special restoration rules and may be excluded from ordinary expungement or civil-rights restoration routes.

Use the 50-state directory

Firearm eligibility is unusually dependent on jurisdiction. Review the individual page for every state and the District of Columbia for restoration rules, carry and acquisition policy comparisons, official code links, and state-specific keyword FAQs.

Read the major court cases

Current firearm law is changing through litigation. The 25-case library covers Bruen, Rahimi, Hemani, Wolford, recent § 922(g)(1) circuit cases, ACCA sentencing, purchaser licensing, sensitive places, magazine limits, ghost guns, age limits, and other decisions affecting the answer.

Frequently asked questions

Is domestic violence a felony?

It can be a misdemeanor or felony depending on the state, conduct, injuries, prior record, and other factors.

Can misdemeanor domestic violence take away gun rights?

Yes. A qualifying misdemeanor crime of domestic violence can trigger federal § 922(g)(9).

Can a domestic violence restraining order affect gun rights?

Yes. Section 922(g)(8) applies to certain qualifying restraining orders, and state law can impose additional restrictions.

Does Castleman apply only to felony domestic violence?

No. Castleman addressed the federal definition of a misdemeanor crime of domestic violence.

Sources and legal references