Posted: 11/11/2007 1:05:31 PM EDT
| Just got a call from a friend of mine who went out and bought a pistol with his bro. Well his bro got turned down and he has no idea why. There was a misdemeanor domestic episode about 10 years ago, he plead guilty and had to take some anger management classes but he's he been scott free since he ditched the bitch about 9 years ago. No felonies, no drugs/alcohol offenses, and no active injunctions. The shop didnt really give him a reason, all they said he was they couldnt sell it to him. Anyone know what his options are and where he can find out what was holding him back and how to clear it up? |
Nope, its state. Finally found the answer I was looking for. 2. Has been convicted of a misdemeanor crime of domestic violence, and therefore is prohibited from purchasing a firearm; 3. Has had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred; I must have missed #2, I always thought it was just #3 since it was just a misdemeanor. That sucks for him. I personally know the guy too, and I know how psycho that girl was. Good guy, just got he chick pregnant young and wanted to do the right thing and marry her. Glad he learned his lesson and ditched her but he's screwed for life. |
It's a federal law too. Possession of Firearm After Conviction of Misdemeanor Crime of Domestic Violence, 18 U.S.C. § 922(g)(9) As of September 30, 1996, it is illegal to possess a firearm after conviction of a misdemeanor crime of domestic violence. This prohibition applies to persons convicted of such misdemeanors at any time, even if the conviction occurred prior to the new law's effective date. A qualifying misdemeanor domestic violence crime must have as an element the use or attempted use of physical force or the threatened use of a deadly weapon. For example, a conviction for a misdemeanor violation of a protection order will not qualify, even if the violation was committed by a violent act, if the statute does not require the use or attempted use of physical force or the threatened use of a deadly weapon. The U. S. Attorney's Office can determine which misdemeanor convictions qualify. In addition, the statute contains due process requirements regarding counsel and jury trials. Absent compliance with these due process requirements, the misdemeanor conviction will not qualify as a domestic violence conviction for purposes of Section 922(g)(9). Moreover, a person may be able to possess a firearm if the conviction has been expunged or set aside. |
Well, I know he didnt hit her. Girls can say anything to a cop to get you in trouble. Escpecially domestic, it's always he said she said and everyone gets charged. |
|
Lautenberg Act Caused alot of LE officers to lose their jobs. Bad thing is, there is a remote chance it could come back to haunt him since he 'technically' lied on the 4473. There was an instance locally where a guy did something similar, an honest mistake, had been arrested for MJ possession many years ago. Thought all his rights had been restored, when in fact only his voting rights had been. Went to buy a hunting rifle, was denied. BATF came in, took the 4473 and charged him. He had been a model citizen for years, even had local LEO's testify on his behalf. Got 7 years in prison, sentencing guidlines didn't offer any alternative. Probably been 15 years ago. Don't know if the law has changed. |
If true, that is incredibly sick. 
|
|
Well, spoke to the guy and did some homework. He was arrested for domestic and went to court in 2002 but it was supposed to have been dropped to a lesser charge of "Affray" when he plead no contest with his public defender at his side, his only punishment was anger management classes and everything else was supposed to be dropped. Which is why he didn't see any reason to be denied. We looked up his background info and it looks like he was convicted for the Domestic Battery. Seems like there was confusion or misunderstanding. Boy is he pissed. I gave him the number to that lawyer in Orlando and he's going to call tomorrow, he tried calling today but I guess they were closed for V day. He's a good guy, I don't doubt anything he says and he assured me that he will do everything possible to restore his right. Lesson of the day, stay away from psycho bitches. 
|
I almost ended up in that same boat. F*cking wh*re didn't have the balls to actually say it...thankfully |
It's most definately true. Happened in Chiefland or Cross City FL IIRC. Happens more than you know. There was another guy who had been convicted of a felony, drugs if I recall. Served his time, had his shit together and was working for a carpet company. Story is, in the process of installing carpet at a job site, he found a .22 cartridge. He tossed it in his tool box so it didn't end up under the new carpet, wacked with a mallet etc. Promptly forgot about it. At some point later down the road a roomate or associate was being checked out by the cops, so they ran a warrant check on everyone. His check came back that he was convicted of a felony. May have been on probation. The cops checked out his tool box for weapons & drugs and found the single .22 cartridge. Yup, back to jail for him. |
I cringe when I hear things like that. It's one of the many reasons I fear the police even though I have a clean background and don't do anything illegal. Mandatory minimums are really risky when you have cops running around who don't judge an entire situation and instead like to arrest people as quickly as possible. Even I was stopped by police in my own neighborhood for exercising. I filed a complaint and was basically told to f*ck off by the "acting" chief of police. Good thing they hired a permanent one without much of a delay. The acting one actually told me that bearing arms was more of a privilege than a right. I told him then I guess I need to re-read the bill of privileges. Although it really is starting to feel a lot more like a privilege than a right these days. There are so few good cops now, it's crazy. The good ones we have left need to squeal on the others even if it breaks this "brotherhood" mentality they have. We can't count on a polygraph to weed every loser out. Whoa, long rant, but those stories struck a nerve. Innocent people that turned their life around getting lost in the system with people actually willing to enforce it makes me sick. |
i don't see how an mj conviction 'many years ago' translates into 'unlawful user of, or addicted to mj, or...' there has to be more to that story. ap |
Felony drug conviction. Has nothing to do with the question on the 4473. He was convicted of a felony. Went through the process of having his rights restored. Thought his right to bear arms had been restored along with his voting rights when in fact it was just his right to vote. He even went to the court house after being denied to get a copy of his paperwork as proof. I can't imagine the sinking feeling he felt when he discovered that minor detail.  On another note, there have been a few threads in the GD by folks that openly admit they use MJ and own guns. All I have to say is if they are using MJ, and lying on a 4473, they are one traffic stop/drug test away from being totally fucked. Even worse, if they are caught in possession of both drugs and a firearm, they are royally fucked. Information is getting shared more & more between LE, medical, public records, insurance companies etc. There are going to be fewer instances where folks slip through the cracks. |
Domestic dispute can be between other members of family, not just a spouse. Been a number of young folks that had a bawling out with parents, as any teen is going to do and been convicted of a domestic. I believe the state in most cases makes the charge of domestic violence, not much a parent can do to reverse the situation once the cards are in play. One of you legal types can clarify the facts. |