The actor Mel Gibson’s years-old misdemeanor conviction on domestic violence charges made headlines again this week, after a Trump administration official said she was fired for refusing to recommend that his gun rights be restored.
The episode brought up an unusual aspect of American law: Most people convicted on minor charges can keep their guns. But domestic violence charges are different.
Mr. Gibson lost his right to own guns after his conviction in 2011. Federal law prohibits all those with felony convictions, and those with certain domestic violence misdemeanors, from possessing guns.
Experts say there are clear reasons that the law singles out domestic violence offenses for special treatment. One study found that when abusers had access to guns, their victims were at least five times as likely to die. And abuse also tends to be cyclical, with higher recidivism rates for domestic violence offenders.
What does federal gun law say about domestic violence?
Federal law lists nine categories of people who are prohibited from owning guns. Two are related to domestic violence.
The first came in 1984, when Congress added a provision barring people subject to a qualifying domestic violence protection order from possessing guns for as long as the order was in effect. A qualifying order is one in which the judge finds that the subject poses a credible threat to the complainant. The order has to specifically bar the subject from “harassing, stalking or threatening,” or using physical force.
(The subject of the restraining order must be given an opportunity to be heard by the court before the guns are removed.)
A second restriction came in 1996, as public awareness of domestic violence grew. Congress passed a law barring people convicted of misdemeanor domestic violence from owning guns if the law broken involved the use or attempted use of physical force or the threatened use of a deadly weapon.
“Beat your wife, lose your gun; abuse your child, lose your gun,” Senator Frank Lautenberg, Democrat of New Jersey, said in a speech objecting to Republican attempts to hold up the measure. “It is pretty simple.”