Misdemeanor conviction= no guns or ammo for life.
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Misdemeanor conviction= no guns or ammo for life.

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Old 10-21-2010, 12:46 AM   #1
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Default Misdemeanor conviction= no guns or ammo for life.

A shooting buddy was in an argument with his girlfriend, she knocked him out with a frying pan and called 911. She claimed he threatened her and then he was charged with a felony. His court appointed attorny advised him to plead to a "minor" domestic violence charge, pay a fine and attend some classes, or face 3.5 years in prison. She was NEVER charged with anything. Long story short, he pleaded as advised and now he finds out that he may NEVER own a weapon or ammo as long as he lives! If he'd of been convicted of the felony, his gun ban would've been 5yrs. A bad law for him, America, and all gun owners.....good for me, though, I got all of his collection for cheap. Any comments? This was new to me.....
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Old 10-21-2010, 12:55 AM   #2
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If that was new to you, you don't get out much. If you read the questions that you answer on a form 4473, THAT is what is meant by a "crime of domestic violence". And it has been on there for a while.

As far as the "5 years for a felony", I am going to have to dispute that also. Titel 18 US Code, Section 922 is the Federal law thta governs much of gun sales, possession etc. Having been convicted of a feony disqualifies you for life- unless you recieve a pardon that specifically restores gun rights.

And in case you have not figured it out- his lawyer sucked.
What we have here is... failure- to communicate.
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Old 10-21-2010, 12:59 AM   #3
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It does sound like he got the raw end of the deal since he was cracked over the dome with a frying pan, but yeah, I was under the impression that ANY conviction for domestic violence or ANY felony conviction was grounds for your removal of rights to purchase a firearm. Maybe your pal shoot take up archery, or do you have to pass a background check to purchase a bow now a days? I haven't bought a bow in well over 16 years.
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Old 10-21-2010, 05:30 AM   #4
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If it was domestic violence, which threateneing girlfriend is, it doesn'tmatter misdemeanor or feloney, guns and ammo are a no go after conviction. If she clocked him with a frying pan, she should have taken the ride too. JMHO.

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Old 10-21-2010, 11:30 AM   #5
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The right lawyer and enough money can probably make the conviction go away. He should find a good attorney and talk about doing just that.
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Old 10-21-2010, 01:48 PM   #6
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Yes, even law enforcement folks have lost their jobs and gun rights over this silly law. Thank the Brady Campaign nazi's for this item. It is retroactive back to the beginning of time too. It's probably one of the most ridiculous laws on the books. The anti-gunners figured out a way to eliminate gun ownership legally and would do it over and over again if they could.
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Old 10-21-2010, 01:50 PM   #7
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The right lawyer might help with an expungement of the conviction, but as BKT pointed out, money is going to be the more important factor. An order to expunge will get rid of the case file that is held by the arresting agency, but everything needs to be chased down including the conviction which will show up on a "triple I" criminal record check, which is in a national database. Though not a lot of leg work is involved, it's going to take an attorney that will follow through and verify everything rather than one who says good enough and cashes the check.

If your friend decides to try to expunge that record, he needs to make sure ALL records are addressed. Still, if asked if he's ever been convicted of domestic violence, he couldn't truthfully say "no" even if there is no paper trail.

The military even jumped on board with the Lautenburg Amendment which is retroactive, as Snakedriver mentioned. There was one soldier in my unit who was booted out of the Army after 19, yes, 19 years of service. No pension, no medical, no PX privileges, notta.
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Old 10-21-2010, 01:59 PM   #8
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Note to self: Be a good husband and say 1,000 yes dears per day and keep her happy!!! FL law also state that a DV charge will get all your gun rights taken as well.
Once I found out about said law it made me more cautious about getting on the wife's bad side. Just saying!

As some of the other guys have also stated it doesn't matter who you are. LE, military, or civi, you'll get screwed in the end.
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Old 10-21-2010, 02:28 PM   #9
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Originally Posted by SecPro View Post
Once I found out about said law it made me more cautious about getting on the wife's bad side. Just saying!
When i first heard about the DV rights loss issue, my first thought was "wow, all of my friends dating scrappy white trash will have to rethink their tastes in tail".
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Old 10-21-2010, 02:42 PM   #10
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I would think that pretty much describes ALL your friends,
except your FTF friends....huh, O?
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