Misdemeanor conviction= no guns or ammo for life.

Discussion in 'Legal and Activism' started by AzBreadman, Oct 20, 2010.

  1. AzBreadman

    AzBreadman New Member

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    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! :eek: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:rolleyes:. Any comments? This was new to me.....
     
  2. c3shooter

    c3shooter Administrator Staff Member

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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.
     

  3. Squirrel_Slayer

    Squirrel_Slayer New Member

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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.
     
  4. Glasshartt

    Glasshartt New Member

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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.
     
  5. bkt

    bkt New Member

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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.
     
  6. Snakedriver

    Snakedriver New Member

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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. :mad:
     
  7. jeepcreep927

    jeepcreep927 New Member

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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.
     
    Last edited: Oct 21, 2010
  8. SecPro

    SecPro New Member

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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.
     
  9. orangello

    orangello New Member

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    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".
     
  10. lonyaeger

    lonyaeger Active Member

    I would think that pretty much describes ALL your friends,
    except your FTF friends....huh, O?
     
  11. orangello

    orangello New Member

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    The one's i still keep up with, pretty much. :)
     
  12. SecPro

    SecPro New Member

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    Well you ain't lie about that. I have a few darkies(yes I said it):eek: as friends and tell them to watch there dealings with the ghetto women.

    I'm not racist either. I hate everyone equally, not to mention I'm a darky myself. Race means nada to me.
     
  13. IRackNBack

    IRackNBack New Member

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    I bet if HE had been the one to call 911 it woulda been alright.
    That sucks the police usually side with the woman even though I've seen some overly wimpy men and some real scary women!
    He needs to get with a non-psycho girl who has not lost her right to guns and just keep them all in her name. ;)
     
  14. jeepcreep927

    jeepcreep927 New Member

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    Unfortunately, even if they were in her name, all he could do was look at them when she was present. Have to be kept in a locked area/ safe that he couldn't access. Constructive possession is plenty to charge with a violation. The federal government has plenty of lawyers that spent plenty of time and plenty of tax dollars to prevent someone from "back dooring" a statute.
     
  15. IRackNBack

    IRackNBack New Member

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    Guess I'm not surprised at that. I just remember my little tiny mom having a concealed weapons permit so my dad could keep his gun in the car when we went places. He got in some trouble when he was 18-21. Never a DV charge. :eek:
     
    Last edited: Oct 21, 2010
  16. orangello

    orangello New Member

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    Well, duder can still have black powder toys, at least. I hear this differs in some nazi-esque, so look that up before loading up.
     
  17. c3shooter

    c3shooter Administrator Staff Member

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    Re: muzzleloaders- maybe. Some states exempt them, some do not. If you have a Federal disability (felon, DV, etc) FEDERAL law does not permit 209 primed muzzleloaders- a 209 primer is considered ammunition, while a #11 percussion cap is not (Hey- I don't write the crap, I just read it) Georgia, among other states, will not permit a felon to possess a muzzleloader. Virginia does, but a felon may not possess black powder. This is why the Digest of State Firearms Laws that the ATF sends with your FFL is a freaking inch and a half thick. Start with the Fed laws, but be sure to read state as well.

    FWIW- I have a stepbother, that due to INCREDIBLY bad judgement in his youth, is a bow hunter. Sucker gets a deer opening day every year. But no guns.
     
  18. jeepcreep927

    jeepcreep927 New Member

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    C3Shooter- Good catch on the 209 Primer black powder clause. That is something that not many people are aware of.
     
  19. orangello

    orangello New Member

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    I didn't know that one. I wonder, would the local constabulary know it?
     
  20. jeepcreep927

    jeepcreep927 New Member

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    I am guessing not. I get calls from Border Patrol all the time because they run across migrants in possession of black powder firearms. It's not a common knowledge thing.

    I suppose someone could ask BATF, since they're the experts. But then again, two weeks ago I watched a senior agent and three "underlings" debate over whether or not they could seize a firearm from a vehicle without a search warrant or consent...:eek: