Will a Domestic Battery Charge Affect My Gun Rights?

 Posted on August 28, 2025 in Gun Crimes

Illinois has laws in place to regulate who can and cannot own a gun. If you are accused of certain criminal offenses, you should know that you not only face jail time and fines, but the loss of your gun rights as well. Domestic battery is one of the offenses that can immediately jeopardize your right to possess a firearm.

To safeguard your freedoms against a domestic battery charge, consider working with a Lake County, IL criminal defense lawyer. At The Law Offices of Matthew R. Gebhardt, P.C., we can inform you of the possible consequences of a conviction and develop a strategy to minimize the damage as much as possible. 

What Is Domestic Battery?

In Illinois, you could be charged with domestic battery for causing harm to or making offensive physical contact with a family or household member "without legal justification" (ILCS 720 Sec. 12-3.2). This can include acts like punching or even spitting on another family member, regardless of whether or not it leaves a mark.

Keep in mind that even if the alleged victim in a domestic battery charge withdraws the accusation, the prosecutors can still pursue a case against you. This is why it is critical to contact a criminal defense attorney as soon as you have been charged with domestic battery.

What Are the Consequences of a Domestic Battery Conviction?

With no aggravating factors, domestic battery is a Class A misdemeanor, which carries up to 364 days in jail and a possible fine of up to $2,500. However, if you have been previously convicted of this offense or violating an order of protection, the charge can be upgraded to a Class 4 felony with the potential for a much longer prison sentence. Aggravated domestic battery could be a Class 2 or Class 3 felony. 

As a collateral consequence of a domestic battery conviction, your Firearm Owner’s Identification (FOID) card will be revoked. If you did not previously have a FOID, you will be barred from obtaining one in the future. Without a FOID, you will not be able to purchase guns or ammunition.

How Does Federal Law Affect Illinois Gun Ownership?

Federal law prohibits anyone who has been convicted of a misdemeanor domestic violence violation from owning a gun. Effectively, this means that if you are convicted of domestic battery in Illinois, you will be banned from owning a gun anywhere in the country. 

Under the Lautenberg Amendment to the Gun Control Act of 1968, the loss of your gun ownership rights after a domestic violence conviction is permanent. Our lawyer can explore your possible defenses against a domestic battery charge to avoid a conviction. We may be able to dispute the allegation as falsified if there is not enough evidence to support your accuser’s claim. You might also be able to get the charges dismissed if you had a "legal justification" per the statute, like a reasonable claim of self-defense.

Contact a Barrington, IL Domestic Battery Defense Lawyer

Allegations of domestic battery should be taken seriously, especially if you are a responsible gun owner. At The Law Offices of Matthew R. Gebhardt, P.C., our Lake County, IL criminal defense attorney is here to stand up for your rights and work toward an ideal outcome. Call us at 847-239-4703 to set up a free consultation.