Welcome to Spodek Law Group. Our goal is to give you the reality of federal gun charges for domestic violence misdemeanors - not the sanitized version state courts present, not the legal fiction that your case is "closed," but the actual truth about what happens when that old misdemeanor conviction meets a firearm.
Here is what nobody told you when you took that plea deal years ago: The federal government turned your misdemeanor into a time bomb. The Lautenberg Amendment of 1996 created a retroactive trap that applies to convictions from before the law even existed. That means your 1993 plea bargain - the one you took to avoid jail time - can land you in federal prison for up to ten years the moment you possess, purchase, or even have access to a single firearm or round of ammunition. The state court never mentioned this. The public defender never explained it. And now you might be discovering it at the worst possible time.
This is the mechanism that catches people who thought they had moved on with their lives. You served your probation. You paid your fines. You considered the chapter closed. But the federal government never closed anything - they just started a clock that runs forever.
The Plea Deal That Became a Federal Prison Sentence
The system works like this and its something most people never understand until there already in trouble. State prosecutors want quick resolutions. Defense attorneys want to keep clients out of jail. Judges want to clear dockets. So a felony assault charge becomes a misdemeanor battery plea. Everyone shakes hands. The defendant walks out thinking they got lucky.
But heres the thing - that "lucky" plea deal just created a federal defendant. Not today. Maybe not for years. But eventually, when that person buys a hunting rifle or inherits dad's shotgun collection or keeps a handgun for home protection, they've commited a federal felony under 18 U.S.C. 922(g)(9). And federal prosecutors love these cases becuase they're nearly impossible to lose.
The data from Operation 922 in Oklahoma tells the story. Since 2018, federal prosecutors have charged 352 defendants under this program specificaly targeting domestic violence offenders with firearms. The conviction rate? 94 percent. The average sentence? 74 months in federal prison. Thats over six years. For possessing a firearm you probably didnt know you couldnt legally own.
Think about that. A misdemeanor - by definition, a less serious offense then a felony - creates conditions for a federal felony charge. The lesser crime manufactures the greater one. And the person caught in the middle often had no idea they were even prohibited.
What Actualy Triggers the Lifetime Ban
You might think this only applies to serious violence. You'd be wrong. The Supreme Court has interpreted "misdemeanor crime of domestic violence" so broadly that it basicly catches everything.
In United States v. Castleman, the Court ruled unanimously - 9 to 0 - that "offensive touching" satisfies the physical force requirement. You dont need to have caused an injury. You dont need to have thrown a punch. If you pushed someone, grabbed their arm, or made any physical contact that could be considered offensive, thats enough.
Heres were it gets worse. In Voisine v. United States, the Court held that reckless domestic violence counts too. Not just intentional acts. If you acted recklessly and it resulted in physical contact with a domestic partner, your prohibited. Forever.
And the definition of "domestic relationship" keeps expanding. The Bipartisan Safer Communities Act of 2022 closed what they called the "boyfriend loophole." It used to be that only spouses, cohabitants, or co-parents triggered the ban. Now dating partners are included. That relationship from 2019? It counts.
The statute dosent need to label your offense as "domestic violence" for the federal ban to apply. In United States v. Hayes, the Supreme Court clarified that generic assault and battery convictions qualify as long as the victim had a domestic relationship with the defendant. The charging document doesnt matter. The underlying facts do.
Why You Probaly Have No Idea Your Prohibited
This is were the system reveals its cruelest feature: there is no notification requirement. When you plead guilty to a state misdemeanor, nobody is obligated to tell you about federal consequences. The judge dosent mention it. The prosecutor dosent care. Your own attorney might not know.
At Spodek Law Group, we see this pattern constantly. Clients come in after discovering - usualy during a traffic stop or a background check or an ATF visit - that theyve been commiting a federal felony for years. There shocked. There angry. And there terrified, because the evidence against them is overwhelming. The conviction record exists. The firearm exists. The possession is undeniable.
The FBI considers domestic violence misdemeanor convictions the fourth most common reason for denying firearm purchases. Fourth. After felony convictions and outstanding warrants. This isnt some obscure provision that rarely gets enforced. Its one of the primary screens in the federal system.
OK so why dosent anyone tell people? Because the state courts have no obligation to inform defendants about federal consequences. Because public defenders are overwhelemed and focused on immediate outcomes. Becuase the entire plea bargain system is designed for efficiency, not for protecting people from future consequences they cant see coming.
The Real Numbers: 74 Months Average, 94% Conviction Rate
Let that sink in. Operation 922 - just one initiative in one federal district - has charged 352 defendants since 2018. Of those, 94 percent either pleaded guilty or were convicted at trial. The average sentence is 74 months. Thats six years and two months in federal prison.
Heres the part nobody talks about. Federal prosecutors love these cases. They reqire almost no investigation. The elements are simple: Did the defendant have a qualifying conviction? Yes - its in the record. Did the defendant possess a firearm or ammunition? Yes - there it is. Case closed.
As Todd Spodek tells clients facing these charges, the governments already done most of the work before you even know your under investigation. The conviction is documented. The possession usualy isnt disputed. Whats left to argue?
In Fiscal Year 2020 alone, U.S. Attorneys offices nationwide charged more then 500 domestic violence-related firearms cases. 337 of those were felon-in-possession charges. 54 involved possession while subject to a protective order. 142 were possession by a prohibited person charges. This is systematic, aggressive enforcement.
And heres the really uncomfortable truth. The Supreme Court keeps making it easier to prosecute. In 2024, the Court ruled 8-1 in United States v. Rahimi that domestic violence gun restrictions are constitutional. Only Justice Thomas dissented. Every other justice - conservative and liberal alike - said these restrictions are valid.
When Theres No Way Out: The Restoration Myth
There is essentialy no federal mechanism to restore your gun rights after a domestic violence misdemeanor conviction. This isnt like other federal disabilities where you can petition, demonstrate rehabilitation, and get relief. The Lautenberg Amendment provides almost no pathway.
Some people think state expungement solves the problem. It usualy dosent. Under 18 U.S.C. 921(a)(33)(B), the conviction dosent count only if its been expunged, set aside, OR the defendant has been pardoned AND the jurisdiction allows firearm possession. Meeting those requirements is extremly rare.
Think about the cascade. You took a plea deal to a misdemeanor thinking it was the smart move. You completed all your requirements. Years later, you bought a gun legaly - or so you thought. Now your facing federal charges. You want to restore your rights. And the answer is: you basicly cant.
The consequence chain plays out like this. Federal indictment leads to pretrial detention or restrictive release conditions. Conviction - and with a 94% rate, conviction is likely - leads to years in federal prison. After release, you have a federal felony on your record. Your career is destroyed. Certain professions are permanently closed to you. Your family has spent years without you.
And it all started with a misdemeanor plea that seemed like a good deal at the time.
What Federal Prosecutors Look For
Federal prosecutors build these cases by working backwards. They start with the firearm and trace back to the conviction. There not randomly auditing peoples criminal histories. Something brings the person to there attention first.
Common triggers include: traffic stops where officers discover a firearm and run a background check. Domestic calls where responding officers find weapons in the home. Background check denials that the ATF investigates further. Tips from ex-partners, family members, or neighbors. Social media posts showing the person with firearms.
Once they have the firearm connection, the prosecution is straitforward. Pull the conviction record. Confirm the domestic relationship element. Document the possession. Indict.
Heres the irony that destroys careers. Police officers who are convicted of domestic violence misdemeanors lose the right to carry there duty weapons. There is no law enforcement exception to the Lautenberg Amendment. None. Military personnel face the same prohibition. The soldier who is issued an M4 cannot legaly possess it if they have a qualifying conviction.
Todd Spodek has represented law enforcement officers facing this exact situation. One domestic incident - sometimes from decades earlier - and there entire career is over. Not just there job. There entire field. They cannot work in law enforcement, armed security, or military service. The profession they trained for is gone.
The Constitutional Reality After Rahimi
Some defendants hoped the Supreme Courts 2022 decision in Bruen would help them. Bruen required that gun restrictions be consistent with historical tradition. The Fifth Circuit actualy struck down a domestic violence gun restriction using this analysis.
But the Supreme Court shut that door in 2024. In United States v. Rahimi, Chief Justice Roberts wrote for an 8-1 majority that temporary disarmament of people found to pose a credible threat to others is consistent with the Second Amendment. The historical tradition requirement from Bruen dosent require a "historical twin" - just something "relevantly similar."
Rahimi involved a protective order, not a misdemeanor conviction, but the reasoning applies broadly. The Court made clear that keeping guns away from people with domestic violence histories is constitutional. Full stop.
Theres one defense that sometimes works. The Rehaif decision requires prosecutors to prove the defendant knew they were in a prohibited category. If you genuinly didnt know your conviction triggered a federal gun ban - and can demonstrate that - you might have a defense. But this is narrow and difficult to prove.
Time Is Your Only Weapon
If your reading this article, your probably in one of two situations. Either youve just discovered you might be prohibited and your wondering what to do. Or your already facing federal charges and your terrified.
In either case, time is the only leverage you have. The federal government has years of evidence. They have your conviction record. They may already know about your firearms. What they dont have is your cooperation in building a case against yourself.
Every statement you make can be used. Every explanation you offer gets documented. Every attempt to "clear things up" with investigators becomes evidence. The time to talk is after you have federal criminal defense representation - not before.
At Spodek Law Group, we handle federal firearms cases including 922(g)(9) prosecutions. We understand how these cases are built and where the vulnerabilities lie. We know the difference between cases that can be fought and cases that require damage control.
The prosecution has a 94% conviction rate because most defendants dont get proper representation until its too late. By the time they realize the severity of federal charges, theyve already made statements, waived rights, or destroyed there own defense.
Dont be one of them.
That plea deal from 15 years ago dosent have to define the rest of your life. But the window for effective defense shrinks every day. Call us at 212-300-5196. The conversation is confidential, and understanding your situation is the first step toward protecting your future.
The government had years to prepare this case. You have days to respond. Use them.
