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Misdemeanor conviction= no guns or ammo for life.


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Old 10-21-2010, 05:51 PM   #21
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Default He said She Said?

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Originally Posted by AzBreadman View Post
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.....
All this dude needs is a woman Lawyer. Never plead guilty on the assumption that you'll only get a lesser sentence. How do you convict someone Just for threats. He was the one that was hit with frying pan!!!! Just because he opened his big mouth.
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Old 10-21-2010, 06:11 PM   #22
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Federal law has nothing to do with this case.
It is a state or local laws.
Would you feel the same if this guy beat up your daughter?
Put his a@# in jail, if he had a gun, maybe he could have shot her.
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Old 10-21-2010, 06:19 PM   #23
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Originally Posted by Biohazard2 View Post
Federal law has nothing to do with this case.
It is a state or local laws.
Would you feel the same if this guy beat up your daughter?
Put his a@# in jail, if he had a gun, maybe he could have shot her.
Domestic Violence Offender Gun Ban - Wikipedia, the free encyclopedia
It is a federal law.

This guy didn't beat anyone from what was posted; it sounds like he got cracked in the head by some witchwithaB that he shouldn't have had in his house from what i read.
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Old 10-21-2010, 06:56 PM   #24
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You are correct Domestic Violence does involve federal laws applied to guns.
Most all of the laws are local or state and does not involve federal laws.
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Old 10-21-2010, 07:25 PM   #25
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You are correct Domestic Violence does involve federal laws applied to guns.
Most all of the laws are local or state and does not involve federal laws.
My bad! I understand what you are saying now, i believe. The laws that determine whether you have been Domestically Violent are state/local, but the law that ties that conviction (of breaking a local/state statute) to your 2A right to arms is federal. Sorry, took me a minute to understand what you meant.
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Old 10-21-2010, 09:53 PM   #26
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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.
I would have to dispute this as the expungement paperwork declares that the conviction never happened and orders all entities to delete all records of the conviction. It just takes the leg work to insure the State and The Feds get the paperwork and then follow up to insure it was done. Then you can properly say you have never been convicted, because by court decree, you have not ever been convicted.
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Old 10-28-2010, 02:01 AM   #27
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Exclamation Misdemeanor?

It has been awhile since I bought a new firearm, and I knew that the DV question was on the 4473 form. When was the misdemeanor question added? i have a friend that just was found NOT guilty to an assault M1 charge. He had an excellent lawyer(plus $$). The plaintiff & her witness both had different testimonies! Whew! His lawyer said that he could not buy a firearm until he met all his fines probation, etc. Then a year after he could expunge the charges. Could my friend buy a gun if he was found guilty of a misdemeanor after he did what the judge ordered? This is scary!
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Old 10-28-2010, 04:02 AM   #28
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She strikes him, knocking him out, and suffers NO domestic violence charge? Wonderful...

The sad thing about this bogus law, is that in many cases, as vindictive as some women can be in divorce type proceedings...knowing their husband's love of firearms and shooting hobby, they will sometimes make false "abuse" or domestic threat claims under these laws in order to destroy his Second Amendment rights. For no other reason than she knows how much it will anger him...and from what I can see, there is little in the way of actual proof that she has to show to make the charge.


It's at times when I read things like this, that once again I believe it ain't so bad being single.


Regards,

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Old 10-28-2010, 03:56 PM   #29
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It's at times when I read things like this, that once again I believe it ain't so bad being single.
Yup, agreed.
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