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-   -   Charged with battery (http://www.firearmstalk.com/forums/f17/charged-battery-34896/)

dlee58 11-28-2010 10:13 PM

Charged with battery
 
Very embarrassed by this. Several weeks ago my soon to be ex and I got into it I slapped her and of course went to jail for a few hours. She was not hurt, says she will not pursue the matter, I have hired an attorney. It is considered a misdemeanor. Not sure what I am in for as far as the Kansas CCW laws go.

BillM 11-28-2010 10:26 PM

That's considered Domestic Violence. If convicted, you will no longer be
able to pass the background check for gun purchases. No idea how it will
affect your Kansas CCW, but I'm guessing it won't be good.

Hope you hired a really good attorney.

skullcrusher 11-28-2010 11:32 PM

Quote:

Originally Posted by dlee58 (Post 393480)
Very embarrassed by this. Several weeks ago my soon to be ex and I got into it I slapped her and of course went to jail for a few hours. She was not hurt, says she will not pursue the matter, I have hired an attorney. It is considered a misdemeanor. Not sure what I am in for as far as the Kansas CCW laws go.

Embarrassed or damned ashamed for hitting a woman? In many cases, it makes no difference if she will pursue the matter or not. Violent crimes are just that and you should be punished, imo. How can you be expected to be responsible with a firearm if you can't control your temper enough to turn and walk away without hitting a woman? :mad:

c3shooter 11-28-2010 11:54 PM

OK- straight talk.

1. It is up to the state- not your significant other- whether they want to prosecute.

2. If convicted of even a misdemeanor, such as disorderly conduct, simple assault, etc, you will have been convicted of a crime of domestic violence. Under Federal law (18 US code 922) your right to possess any firearm (I say again- ANY FIREARM) just went away. For good.

3. Your CCW is the least of your concerns right now. With a DV conviction, you will have nothing to carry.

Disclaimer- I am not a lawyer- which is what you need to talk with, not the Firearms Forum (you do realize this is a public forum, and anything you post here CAN be used in court?) Following is a C&P on the Domestic Violence Federal law:

Qualifying Offenses: As enacted the statute defines "misdemeanor crime of domestic violence" (MCDV) as any state or federal misdemeanor that -

"has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim."
This definition includes all misdemeanors that involve the use or attempted use of physical force (e.g., simple assault, assault and battery), if the offense is committed by one of the defined parties. This is true whether or not the statute specifically defines the offense as a domestic violence misdemeanor. For example, a person convicted of misdemeanor assault against his or her spouse would be prohibited from receiving or possessing firearms. It is anticipated that this issue will be subject to litigation. In the event of such litigation, the Terrorism and Violent Crime Section should be notified so that assistance can be provided.

cpttango30 11-29-2010 10:53 AM

Straight Talk from Tango.

1. YOUR an IDIOT lets get that out there right now and let it be heard.

2. Buddy your done it is up to the state and more than likely your going to be to burnt toast.

3. I think you should sell all your firearms to the local gun store and slam your junk in a car door till it turns black and falls off. We shooters and hunters fight every day to keep our rights it doesn't help when idiots like YOU go and do stupid crap like this. HOLY idontknowwhat.

I can tell one thing your not driving the bus no more. You are now a passenger and your stuck way in the back. If I were you I would start stretching your anus because your gonna be someones manbi@tch soon.

Jo da Plumbr 11-29-2010 12:42 PM

I'm sorry to hear this but thank you for posting it. This is a good reminder to all of us how letting our anger get the best of us can cost us dearly.

I hope you will let us know what happens. Good luck.

Gojubrian 11-29-2010 02:07 PM

I hope you get that under control. I wouldn't be worried about guns right now. You have alot of more important stuff to worry about.

falseharmonix 11-29-2010 02:33 PM

Quote:

Originally Posted by cpttango30 (Post 393867)
3. I think you should sell all your firearms to the local gun store and slam your junk in a car door till it turns black and falls off. We shooters and hunters fight every day to keep our rights it doesn't help when idiots like YOU go and do stupid crap like this. HOLY idontknowwhat.

Now, now, Tango...at least he didn't pistol whip her. :rolleyes:

To the OP, lawyer up. That person alone will be who you want to ask questions to. Oh, and next time you have the urge to slap a woman, imagine that woman is your mom, or granny, or sister. Then turn around and walk away.

Mr. Bluesky 11-29-2010 07:05 PM

If you can't be trusted not to hit a lady, I don't want you anywhere near a gun. Not gonna go as far as Tango, but I sure as hell hope they take your license.

billdeserthills 11-29-2010 09:40 PM

Don't know about in your parts, but here in Arizona a first-time Domestic Violence is generally plea-bargained down to battery, you would be required to attend an anger-management type seminar and at the end of this a fine is charged. No Probation or loss of firearms ownership.


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