In Nov of 1994 I was guilty of a misdomenior disorderly conduct/domestic violence charge, a one time in my life of 42 years, I am 60 now and none before or after that. I just found out due to the Brady Law that went into effect in Nov 1998, I can not leagally purchase, own or posses a firearm or ammunition. There is no resolve from this as a state pardon or a federal resturation of rights from the Dept of ATF. Any others here or advice would be appreciated, I think the ACLU maybe my only possible option.
If it cant be expunged, is a move to another state in the cards?
Gunner
If it's not resolved, I don't think muzzle-loaders are classified as "firearms" in most states, so you could probably still hunt.
No it is Federal law and shows up in the FBI NCIS back ground check when you go to purchase a fire arm, funny thing it does not show up in a CCap check and it took the Clerk of Courts 45 minutes to find it when I wanted a copy of the charge.
I don't think there is much you can do. Talk to a lawyer who is familiar with the charge.
Send a cash contribution to the Governor, and ask for a pardon..may take a bit, but I`m told it works.
Send along any good stuff you have done in the mean time.
Good luck with the ACLU! If it has to do with gun rights they won't touch it with a 10' pole.
I have heard of guys getting things expunged from their records, but it costs money.
get a savage 10ml II
or become a cop- they get to possess weapons with domestic violence records in their past
actually I think it's preferred
From the state pardon rules and regs
If I receive a pardon, what rights will I regain?
A person convicted of a felony in Wisconsin loses the right to vote, Wis. Stat. � 6.03(1)(b); to serve on a jury,
Wis. Stat. � 756.02; to hold public office, Wis. Const. Art. XIII, � 3(2), (3); to hold or be granted various
licenses (for example, alcohol and tobacco licenses), Wis. Stat. � 125.04(5)(b) & � 139.34(1); and to possess
firearms, Wis. Stat. � 941.29. The right to vote and the right to sit on a jury are automatically restored by the
Department of Corrections once a person completes his/her sentence, including probation, parole or extended
supervision. Wis. Stat. � 304.078(3).
A person who receives a pardon generally regains the right to:
� hold public office
� hold or be granted various licenses, which is specifically addressed below
� possess firearms
However, your firearm rights will not be restored if you have been convicted of a domestic violence
misdemeanor. 18 U.S.C. � 922(g). If you have been convicted as a felon in possession of a firearm, you must
receive a pardon for both your first underlying felony conviction and the felon in possession of a firearm
conviction in order to legally possess a firearm.
Constructed from the Federal law. I have talked to the NRA and an attorney they tell me I am screwed too, NRA said muzzle loaders are concidered a firearm and is trying to get that change as a foot in the door on this so we can still hunt.
Not to sound like a jerk, but it looks like you might be SOL.
It says right there, domestive violence = no gun.
Ever done any bowhunting?
Hire a lawyer knowledgeable in the field who can look at the statute under which you were convicted and the record of your conviction and determine if it meets the predicate offense requirements of the federal firearm disability statute. If it does, you have a problem. If not, you still may have a legal fight to get the record cleared up.
you can beat your dog
you can beat your wife
you can beat your meat
but.......
you can't beat a good blow job
you can beat your dog
you can beat your wife
you can beat your meat
but.......
you can't beat a good blow job
wtf?????
bwahahahahahahahahaaaaaaa!!!!!!
sounds like the op
needs to take up muzzleloading and bowhunting in all reality
How can your misdemeanor be viewed as a felony?
[bleep]...catch me if you can!
the all encompassing lautenberg federal stuff over ruling state stuff more than likely
How can your misdemeanor be viewed as a felony?
[bleep]...catch me if you can!
It is not a felony, but here is the part I believe that you missed...
However, your firearm rights will not be restored if you have been convicted of a domestic violence
misdemeanor. 18 U.S.C. � 922(g). If you have been convicted as a felon in possession of a firearm, you must
receive a pardon for both your first underlying felony conviction and the felon in possession of a firearm
conviction in order to legally possess a firearm.
Since the government has no power over God-given fundamental rights like that to keep and bear arms, it's powerless to remove said right. Only God can do that. All government can do is nullify your right to keep and bear arms by reducing you to slave or prisoner status. Then the question becomes whether or not the government was justified in reducing you to that status.
That is really a piss poor law and should be ruled un constitutional.
People are being punished for something they did before the law went into effect.
Can a bank robber serve his time, be released, and then face more retroactive punishment?
How about any other type of crime?
Only this one works like that.
I am thinking someone would be smart to buy on the local used market, and not hang out at public ranges...
Bow hunting. As for self defense, yeah, you're totally screwed.
The question now becomes whether you have the money, time, and the mind to take on a years long legal battle that would likely go to the supreme court to determine if the law is constitutional. And that's IF you can find a lawyer to take it. And I wouldn't be hopefull when it comes to Brady laws.
Sorry. There's no real good news here.
And it's a retroactive law as well.
If ever convicted, no matter how far in the past, you retroactively lost your gun rights when this "WOMEN'S RIGHTS" law passed.
I had always thought there was a prohibition against retroactive enforcement. But not in this case.
It�s laws like this that can make a man a misogynist.
If you have the big $$$$ a good lawyer can get it expunged,
if not, sorry, you are screwed.
I guess it's OK for Wisconsin law to over ride the
US Constitution.
That's totally [bleep]..
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Print that and tape it to your gun stock! It authorizes you to use the gun if someone attempts to take it away!
Domestic violence is an enormous F/U.
Even if the victim refuses to press charges you are f*cked.... period.
If anyone here ever gets so angry as to lay a hand on a spouse/girlfriend, turn and run in the other direction.
Spend the night in your truck or what ever you have to do to calm yourself down.
Your gun priviliges (rights?) will be worth every moment you spend away from a bad situation.
I have a friend who is in the same situation in Calif. He said that he could try to get a judge to expunge the conviction from his record and he then could own firearms. I was going to give him a 22lr as a present.
get a savage 10ml II
or become a cop- they get to possess weapons with domestic violence records in their past
Negative.
I think you should keep posting about it on the internet.
Travis
get a savage 10ml II
or become a cop- they get to possess weapons with domestic violence records in their past
Negative.
That's a gem ain't it?
Travis
I think you should keep posting about it on the internet.
This place is like Facebook for middle aged and old people.
I think you should keep posting about it on the internet.
Travis
That always helps me....
You were early in the new law of Domestic Abuse. No deferred's (sentences or judgements) were given out and few people even knew to ask for them. Also, local PD's and prosicuters are required to notify the BATF and FBI. And, unless omething has changed in recent history, they ARE NOT required to give a disposition. They only know you have been charged. It's up to you to make sure they know the disposition, especially if there is/was a deferred. You won't know until you buy a gun and they tell you DENIED. KWG
I guess it's OK for Wisconsin law to over ride the
US Constitution.
That's totally [bleep]..
It ain't Wisconsin law, it's the Lautenberg amendment (federal law) and it's the most blatently unjust BS I've ever seen. Think the rabid anti-gun New Jersey senator Frank Lautenberg for this BS. Not only does it remove your rights for a misdemeanor instead of a felony, it's also retro active. If it's not unconstitutional it should be.
I think the only recourse is to try and get the conviction expunged. This is a perfect example of why you should never just plead guilty to a misdemeanor just to make it go away. Even a speeding ticket, do whatever it takes to keep everything off of your record, you never know when something so seemingly minor will be used against you in the future.
ConradCA, your friend was misinformed, an inspungement does not seal the record, from the form to exspunge a record
1. I am the person convicted in this case. I am asking that the court record of my conviction be expunged. I understand that if the record is expunged:
� only the court record of the conviction will be expunged;
� other court records and records of the police, the Crime Information Bureau, other law enforcement agencies, and the district attorney will not be affected, AND
� the conviction is not vacated or set aside.
He is [bleep] like I am.
I am trying to catch up here...
are you saying that since 1998,you have not bought a firearm thru a dealer? no 4473's filled out?
but,you are in procession of firearms now?
If you try to get it expunged,what right will the victim have to step forward and start this all over again?
Could a law suit follow from the victim in civil court?
I do believe I would follow the advice given before..keep this off the 'net...
In Nov of 1994 I was guilty of a misdomenior disorderly conduct/domestic violence charge, a one time in my life of 42 years, I am 60 now and none before or after that. I just found out due to the Brady Law that went into effect in Nov 1998, I can not leagally purchase, own or posses a firearm or ammunition. There is no resolve from this as a state pardon or a federal resturation of rights from the Dept of ATF. Any others here or advice would be appreciated, I think the ACLU maybe my only possible option.
Register as a democrat and you will automatically be dismissed of any wrong doing.
Yeah. If I was an anti I'd print this thread to support my views.
Travis
How can your misdemeanor be viewed as a felony?
[bleep]...catch me if you can!
Here's some more ammo for the anti's. You guys are doing a bang up job.
Travis
From the state pardon rules and regs
If I receive a pardon, what rights will I regain?
A person convicted of a felony in Wisconsin loses the right to vote, Wis. Stat. � 6.03(1)(b); to serve on a jury,
Wis. Stat. � 756.02; to hold public office, Wis. Const. Art. XIII, � 3(2), (3); to hold or be granted various
licenses (for example, alcohol and tobacco licenses), Wis. Stat. � 125.04(5)(b) & � 139.34(1); and to possess
firearms, Wis. Stat. � 941.29. The right to vote and the right to sit on a jury are automatically restored by the
Department of Corrections once a person completes his/her sentence, including probation, parole or extended
supervision. Wis. Stat. � 304.078(3).
A person who receives a pardon generally regains the right to:
� hold public office
� hold or be granted various licenses, which is specifically addressed below
� possess firearms
However, your firearm rights will not be restored if you have been convicted of a domestic violence
misdemeanor. 18 U.S.C. � 922(g). If you have been convicted as a felon in possession of a firearm, you must
receive a pardon for both your first underlying felony conviction and the felon in possession of a firearm
conviction in order to legally possess a firearm.
Constructed from the Federal law. I have talked to the NRA and an attorney they tell me I am screwed too, NRA said muzzle loaders are concidered a firearm and is trying to get that change as a foot in the door on this so we can still hunt.
If I was an attorney I would say you can't own a firearm.
Travis
Rifle,
me and the "victim" are still friends, she has one too when she attacked me, I have guns and an FFL prior to that 94 incident, I purchased a rifle in Nov 2011, they did not get a no responce from the NCIS within 8 days, so they turned it over to me, I got a registered letter from the local Div of the ATF here 10 days ago explaining it all, since have talked to the agent in charge, 2 knowledgable attorneys on the subject, the state NRA rep, the local ATF attorney and all comes up the same, SCREWED!!!!, THEY ALL AGREE IT IS A SCREW!!!! It is a federal felony for me to own, or posses a firearm or ammunition.
Since the government has no power over God-given fundamental rights like that to keep and bear arms, it's powerless to remove said right. Only God can do that. All government can do is nullify your right to keep and bear arms by reducing you to slave or prisoner status. Then the question becomes whether or not the government was justified in reducing you to that status.
"Your honor, my client asks that I explain to the court that you are not Jesus".
Good defense TRH.
Travis
DeFlave,
gun show loop hole does not work, I can not be in possetion of a firearm or ammunition. I wonder how many of us are out there and like me did not even know it until I went to buy another gun.
DeFlave,
gun show loop hole does not work, I can not be in possetion of a firearm or ammunition. I wonder how many of us are out there and like me did not even know it until I went to buy another gun.
I am well aware that your possession of a firearm is against the law. That is my point.
Travis
Rifle,
me and the "victim" are still friends, she has one too when she attacked me, I have guns and an FFL prior to that 94 incident, I purchased a rifle in Nov 2011, they did not get a no responce from the NCIS within 8 days, so they turned it over to me, I got a registered letter from the local Div of the ATF here 10 days ago explaining it all, since have talked to the agent in charge, 2 knowledgable attorneys on the subject, the state NRA rep, the local ATF attorney and all comes up the same, SCREWED!!!!, THEY ALL AGREE IT IS A SCREW!!!! It is a federal felony for me to own, or posses a firearm or ammunition.
Too bad it came down to that..good luck to you.
WOW!
Your in quite the quandary.
Now, if you carried on your life as tho you didn't know this, didn't get in any legal trouble, how would anyone know you couldn't own a gun?
Do states run you to see if if you can't when you buy a hunting license?
Im not saying break any laws knowingly, just how would you get caught if you never had a run in with any law enforcement?
You maybe be screwed but.. Maybe not:
Were you convicted after a trial or did you plea out?
If you plead out, have you researched whether it is possible to withdraw your your plea and set aside the conviction?
Did the state statute you were convicted of violating contain as a necessary element, the use or attempted use of physical force?
Was the "victim" 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?
Unfortunately, just finding out whether or not you can fix the problem will require the services of an expert lawyer in this particular field.
get a savage 10ml II
or become a cop- they get to possess weapons with domestic violence records in their past
Negative.
it's been at least several hours since a cop
bash post. Thought I'd throw some chum out. Nothing personal.
Actually it's been noted in my hometown, previous d v records on local police, but then again- we skim the dregs off the MP rosters here at FtCampbell for fresh pulses as they decline re-enlistment.
http://www.atf.gov/firearms/faq/misdemeanor-domestic-violence.htmlQ: Is an individual who has been pardoned, or whose conviction was expunged or set aside, or whose civil rights have been restored, considered convicted of a misdemeanor crime of domestic violence?
No, as long as the pardon, expungement, or restoration does not expressly provide that the person may not ship, transport, possess, or receive firearms.
No problem. I love Tennessee folks. Thanks for that Alamo thing.
No problem. I love Tennessee folks. Thanks for that Alamo thing.
ahhh, anytime
hey, btw I left my momma's placenta in Corpus Christi
< hugs >
Moral of the story: Do not get married, do not have children, never, but never have an intimate or dating relationship with anyone. When you get horney, use a prostitute, your not paying for the sex, your paying for them to leave afterward.
Just joshing, turn off the flamethrowers.
you need to contact a good gun law attorney and see what they say. not to take away from some of the knowledgeable people here at the fire, but if it were me i would want to get it from the horses mouth
Hire an attorney who specializes in restoration of gun rights. Cost a few thousand dollars. money well spent IMO
You can still hunt with a bow.
If you buy the fire arm from an individual the government is not involved.
Jim
There are all kinds of laws that strip fundamental rights and affect activities having nothing to do with the infraction adjudicated against. It's the way governments control people and shape society into the ineffective gelding that present no threat to their criminal activities. Time to burn it down.
I know we had a member of our church under similar circumstances, and he checked into hunting with a muzzleloader. I don't know what his conviction was for, but they told him no.
If you buy the fire arm from an individual the government is not involved.
Jim
What happens when he gets pulled over for rolling thru a stop sign or in a DUI checkpoint and has said gun in the car?
Unlawful possesion of a firearm?
If you buy the fire arm from an individual the government is not involved.
Jim
If they catch him in possession of a firearm or ammunition they will be involved, in their usual overreaching, criminal way. He could go to prison for possession of a .22 CB. Our unconstitutional government at work.
^^ exactly. His situation isn't just about buying a firearm but possession as well.
From the state pardon rules and regs
If I receive a pardon, what rights will I regain?
A person convicted of a felony in Wisconsin loses the right to vote, Wis. Stat. � 6.03(1)(b); to serve on a jury,
Wis. Stat. � 756.02; to hold public office, Wis. Const. Art. XIII, � 3(2), (3); to hold or be granted various
licenses (for example, alcohol and tobacco licenses), Wis. Stat. � 125.04(5)(b) & � 139.34(1); and to possess
firearms, Wis. Stat. � 941.29. The right to vote and the right to sit on a jury are automatically restored by the
Department of Corrections once a person completes his/her sentence, including probation, parole or extended
supervision. Wis. Stat. � 304.078(3).
A person who receives a pardon generally regains the right to:
� hold public office
� hold or be granted various licenses, which is specifically addressed below
� possess firearms
However, your firearm rights will not be restored if you have been convicted of a domestic violence
misdemeanor. 18 U.S.C. � 922(g). If you have been convicted as a felon in possession of a firearm, you must
receive a pardon for both your first underlying felony conviction and the felon in possession of a firearm
conviction in order to legally possess a firearm.
Constructed from the Federal law. I have talked to the NRA and an attorney they tell me I am screwed too, NRA said muzzle loaders are concidered a firearm and is trying to get that change as a foot in the door on this so we can still hunt.
Basically, and as you have found out, you're SOL..
There IS a case (just heard about it yesterday) where a guy who was convicted of check fraud (IIRC) some years ago and is prevented from having a firearm is suing (can't recall who) to have that law changed to allow firearms possession for criminals with records of non-violent convictions - saying that firearms banning should be for convictions where actual violence was used in the crime.. In some ways, I have no issue with that..
Because the gov't is now trying to get even the most mundane violations changed to 'felony' status.. Why? It's a way for the gov't to legally ban firearms from a citizen.. The more they can make
any crime a felony or gross misdemeanor, the more than can restrict firearms ownership.. Just another back-door gun control scheme..
I knew someone in this situation years ago. He was lucky. He had a friend who who was a ranking officer in the sheriffs dept. He was advised not to take prayer for judgement (like the his lawyer advised him to do) because that would be a conviction, and that would prevent him from owning firearms.
Instead, the fellow went to anger management therapy, and got a letter from his therapist stating that this fellow was not a habitual "wife beater" (no previous record of any crime), and that he felt it was an isolated instance. He went to therapy before his court date so he had that to present, along with the letter. The charges were dismissed. He got lucky, and learned his lesson.
If he listened to his lawyer, he would have been screwed. His lawyer did not mention anything about the restriction of firearms, and the guy did not know anything until his deputy friend gave him the word.
I am constantly amazed at what people will post on the campfire..
If you buy the fire arm from an individual the government is not involved.
Jim
If they catch him in possession of a firearm or ammunition they will be involved, in their usual overreaching, criminal way. He could go to prison for possession of a .22 CB. Our unconstitutional government at work.
I remember listening to G. Gordon Liddy on the radio talking about going shooting with his wife and children, after he got out of prison.
He chuckled and said 'I cannot own firearms, how ever my wife has one of the finest colletions you ever see'.
Jim
get a savage 10ml II
or become a cop- they get to possess weapons with domestic violence records in their past
actually I think it's preferred
Not true. Not even funny.
Moral of the story: Do not get married, do not have children, never, but never have an intimate or dating relationship with anyone. When you get horney, use a prostitute, your not paying for the sex, your paying for them to leave afterward.
Just joshing, turn off the flamethrowers.
You say that as a joke, but if you look at statistics you will see that is the rational decision of more and more people.
Moral of the story: Do not get married, do not have children, never, but never have an intimate or dating relationship with anyone. When you get horney, use a prostitute, your not paying for the sex, your paying for them to leave afterward.
Just joshing, turn off the flamethrowers.
Big + 1 and I am not "joshing".
Trvis
If you buy the fire arm from an individual the government is not involved.
Jim
Thanks Matlock.
Travis
From the state pardon rules and regs
If I receive a pardon, what rights will I regain?
A person convicted of a felony in Wisconsin loses the right to vote, Wis. Stat. � 6.03(1)(b); to serve on a jury,
Wis. Stat. � 756.02; to hold public office, Wis. Const. Art. XIII, � 3(2), (3); to hold or be granted various
licenses (for example, alcohol and tobacco licenses), Wis. Stat. � 125.04(5)(b) & � 139.34(1); and to possess
firearms, Wis. Stat. � 941.29. The right to vote and the right to sit on a jury are automatically restored by the
Department of Corrections once a person completes his/her sentence, including probation, parole or extended
supervision. Wis. Stat. � 304.078(3).
A person who receives a pardon generally regains the right to:
� hold public office
� hold or be granted various licenses, which is specifically addressed below
� possess firearms
However, your firearm rights will not be restored if you have been convicted of a domestic violence
misdemeanor. 18 U.S.C. � 922(g). If you have been convicted as a felon in possession of a firearm, you must
receive a pardon for both your first underlying felony conviction and the felon in possession of a firearm
conviction in order to legally possess a firearm.
Constructed from the Federal law. I have talked to the NRA and an attorney they tell me I am screwed too, NRA said muzzle loaders are concidered a firearm and is trying to get that change as a foot in the door on this so we can still hunt.
Basically, and as you have found out, you're SOL..
There IS a case (just heard about it yesterday) where a guy who was convicted of check fraud (IIRC) some years ago and is prevented from having a firearm is suing (can't recall who) to have that law changed to allow firearms possession for criminals with records of non-violent convictions - saying that firearms banning should be for convictions where actual violence was used in the crime.. In some ways, I have no issue with that..
Because the gov't is now trying to get even the most mundane violations changed to 'felony' status.. Why? It's a way for the gov't to legally ban firearms from a citizen.. The more they can make
any crime a felony or gross misdemeanor, the more than can restrict firearms ownership.. Just another back-door gun control scheme..
I don't forsee our courts deeming domestics "non-violent" any time in the near future.
Travis
I knew someone in this situation years ago. He was lucky. He had a friend who who was a ranking officer in the sheriffs dept. He was advised not to take prayer for judgement (like the his lawyer advised him to do) because that would be a conviction, and that would prevent him from owning firearms.
Instead, the fellow went to anger management therapy, and got a letter from his therapist stating that this fellow was not a habitual "wife beater" (no previous record of any crime), and that he felt it was an isolated instance. He went to therapy before his court date so he had that to present, along with the letter. The charges were dismissed. He got lucky, and learned his lesson.
If he listened to his lawyer, he would have been screwed. His lawyer did not mention anything about the restriction of firearms, and the guy did not know anything until his deputy friend gave him the word.
It's not exactly a secret. The form you fill out asks the question directly. You have to check "Yes" or "No".
Travis
I am not sure on the hunting license thing, BUT I was told a guy in a simular situation was nailed after registering his deer this past season. I need to research the details on it.
From the Milwaukee Journal Sentinal 6-13-2012
A Hartford man charged with being a felon in possession of a firearm after he bagged two deer with his father's gun has asked the state Supreme Court to review his case.
Thomas M. Pocian, 44, of Hartford argues the state law that bans felons from carrying guns is unconstitutional because it doesn't distinguish between violent and nonviolent felons.
In 1986, Pocian was convicted of three felonies for writing nearly $1,500 worth of forged checks with a friend. Pocian, who was 18 at the time, paid restitution and was sentenced to three years' probation, according to court records.
In November 2008, Pocian shot the two deer and registered them with the state Department of Natural Resources. Because Pocian used a gun, Washington County District Attorney Mark Bensen filed the new charge.
Pocian was charged under a state law that bans any felon from having or using a gun for any reason - for life. If convicted, he faces a maximum penalty of 10 years in prison, a fine of $25,000, or both. The case is on hold while the appeal on the constitutional question is pending.
Pocian first asked Washington County Circuit Judge Todd K. Martens to throw out the charge. Martens refused.
In April, the state Court of Appeals agreed with Martens.
On Monday, Pocian filed a petition asking the state Supreme Court to review his case. Pocian argues the law "is unconstitutional as applied to him, considering the crime, the time that passed since his conviction and his law-abiding history." It also is unconstitutional because it treats all felons the same - regardless of their crimes - and bans them from carrying guns without trying to determine whether they are likely to commit gun-related acts of violence in the future, Pocian's petition says.
Pocian also argued the law is overly broad.
"Oddly, although Wisconsin's felon-in-possession law includes countless nonviolent felonies, individuals convicted of violent and dangerous misdemeanors may retain their right to keep and bear arms," the petition says. "This inconsistency tends to undermine the law's proffered public-safety basis."
The fact that felons lose their right to bear arms forever is another problem, the petition says.
"Individuals convicted many years earlier of a nonviolent felony have no meaningful opportunity to regain their right to keep and bear arms for hunting or for defense of self, family and home," the petition says. "However, upon completing their sentences, those same felons have their other fundamental civil rights restored, including their right to vote."
The state attorney general's office is handling the case on appeal. Steven P. Means, executive assistant attorney general, said Monday the state had not yet filed a response.
"Although I can't say definitively that we will oppose the petition before we actually analyze it, I don't know of any reason at this time why we wouldn't oppose it," he said in an email.
In past filings, the state argued the Second Amendment applies only to self-defense and that the right to bear arms can be restricted by the Legislature to preserve public safety. And while state attorneys conceded that Pocian "at first blush, presents a sympathetic case," they contended that all felons, regardless of the nature of their past crimes, pose a safety threat to the public.
get your:
wife
son
best friend
GF
BF
to fill out the 4473 for you!
Moral of the story: Do not get married, do not have children, never, but never have an intimate or dating relationship with anyone. When you get horney, use a prostitute, your not paying for the sex, your paying for them to leave afterward.
Just joshing, turn off the flamethrowers.
Big + 1 and I am not "joshing".
Trvis
Word.
P.S. did you change your name?
get your:
wife
son
best friend
GF
BF
to fill out the 4473 for you!
...and then post THAT on the internet.
Just like SSS'n wolves, most dudes have a problem with the third.
There is a mechanic from this area sitting in a federal pen, as I type this, because his wife posted a pic on facebook of them out hunting and he was holding a firearm.
Uh huh.
I absolutely agree that a Misdemeanor conviction should never preclude a man or woman from owning a firearm.
I also have a bit of trouble with the wide and encompassing domestice violence laws that are currently on the books.
It ain't all that hard to find yourself in court over a domestic violence charge these days. If you happen to find yourself convicted of said misdemeanor, you will suffer felonious repercussions.
One other item that interests me is the question on the 4473 that asks if you have ever been adjudicated mentally defective.
Recently, I had a man come in the shop to buy a handgun, and he asked if he could do so, because he was receiving a Military Disability for some kind of Mental Issue.
I have no idea.
One other item that interests me is the question on the 4473 that asks if you have ever been adjudicated mentally defective.
Recently, I had a man come in the shop to buy a handgun, and he asked if he could do so, because he was receiving a Military Disability for some kind of Mental Issue.
I have no idea.
"Adjudicated" as per your question means committed to mental care by a Magistrate for reasons other than "observation" or diagnosis. In other words, imprisoned as a nut. (As interpreted by the US Attorney's office.)
The key word there is "adjudicated," and there is no way to tell that based upon what he said. It usually means a contested procedure, but I have no clue whether administrative proceedings (if there were any) dealing with disability could constitute adjudication.
I absolutely agree that a Misdemeanor conviction should never preclude a man or woman from owning a firearm.
I also have a bit of trouble with the wide and encompassing domestice violence laws that are currently on the books.
Check out the city of Lincoln Ne statutes on weapons.
Hey Pat, the police in Lincoln are exempt from the city's regulations.
http://lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf9.36.100 Unlawful Possession of Firearms.
(a) It shall be unlawful for any person to possess any firearm within the corporate limits or
on any property of the City of Lincoln outside the corporate limits when that person has been
convicted of any one of the following offenses within the last ten years: Stalking in violation of
Neb. Rev. Stat. � 28-311.03 or any other comparable or similar state statute from another state;
Violation of a protection order as set forth in Neb. Rev. Stat. � 42-924 or Violation of a foreign
protection order as set forth in Neb. Rev. Stat. � 42-931; False imprisonment in the second degree
in violation of Neb. Rev. Stat. � 28-315; Sexual assault in the third degree in violation of Neb. Rev.
Stat. � 28-320; Impersonating a peace officer in violation of Neb. Rev. Stat. � 28-610; or,
Impersonating police officer in violation of Lincoln Municipal Code � 9.08.060; Debauching a
Minor in violation of Neb. Rev. Stat. � 28-805; Obstructing government operations in violation of
Neb. Rev. Stat. � 28-901; Resisting arrest in violation of Neb. Rev. Stat. � 28-904; Resisting officer
in violation of Lincoln Municipal Code � 9.08.030; Obstructing a peace officer in violation of Neb.
Rev. Stat. � 28-906; Interfering with an officer making an arrest in violation of Lincoln Municipal
Code � 9.08.020; Carrying concealed weapon in violation of Neb. Rev. Stat. � 28-1202; Criminal
child enticement in violation of Neb. Rev. Stat. � 28-311; Implements for escape in violation of Neb.
Rev. Stat. � 28-913; Unlawful possession of explosives, second degree in violation of Neb. Rev. Stat.
� 28-1216; Use of explosives without a permit in violation of Neb. Rev. Stat. � 28-1218; Concealing
the death of another person in violation of Neb. Rev. Stat. � 28-1302; Minors not to be furnished
with firearms, ammunition, or weapons in violation of Lincoln Municipal Code � 9.36.020;
Discharge of firearms unlawful in violation of Lincoln Municipal Code � 9.36.010; Assault in the
third degree in violation of Neb. Rev. Stat. � 28-310; Assault and battery, menacing threats in
violation of Lincoln Municipal Code �9.12.010; Unlawful intrusion in violation of Neb. Rev. Stat.
� 28-311.08; Violation of custody in violation of Neb. Rev. Stat. � 28-316; Domestic assault in
violation of Neb. Rev. Stat. � 28-323; Criminal trespass in the first degree in violation of Neb. Rev.
Stat. � 28-520; Contributing to the delinquency of a child in violation of Neb. Rev. Stat. � 28-709;
Public indecency in violation of Neb. Rev. Stat. � 28-806; Public indecency or indecent exposure
in violation of Lincoln Municipal Code � 9.16.180; Operating a motor vehicle or vessel to avoid
arrest in violation of Neb. Rev. Stat. � 28-905; Fleeing in a vehicle to avoid arrest in violation of
Lincoln Municipal Code � 10.14.280; any violation of the Uniform Controlled Substances Act as
set forth in Neb. Rev. Stat. �� 28-401 to 28-456.01; Toxic compounds, unlawful use in violation of
Lincoln Municipal Code �9.16.110; Criminal attempt in violation of Neb. Rev. Stat. � 28-201 for
any of the state crimes set forth in this subsection (a).
(b) It shall be unlawful for any person to possess any firearm within the corporate limits or
on any property of the City of Lincoln outside the corporate limits when that person has been
convicted of two or more of the following offenses within the last ten years: Driving under the
influence of alcoholic liquor or drugs in violation of Neb. Rev. Stat. � 60-6,196; Driving under the
influence of alcoholic liquor or drugs in violation of Lincoln Municipal Code � 10.16.030; Implied
consent to submit to chemical test, refusal in violation of Neb. Rev. Stat. � 60-6-197; Chemical test,
refusal in violation of Lincoln Municipal Code �10.16.040; or any conviction under a law of another
state or municipality if at the time of the conviction under said law the offence for which the person
was convicted would have been a violation of Neb. Rev. Stat. �� 60-6,196 or 60-6,197.
(c) The provisions of this section shall not apply to (1) the issuance of firearms or the
possession by members of the Armed Forces of the United States, active or reserve, the National
Guard of this state, or Reserve Officers Training Corps, when on duty or training; or (2) a peace
officer as defined by Neb. Rev. Stat. � 28-109(14). (Ord. 19060 �1; March 24, 2008: prior Ord.
18793 �1; August 21, 2006: Ord. 18158 �1; April 7, 2003).
No State can exempt anybody from Federal laws. What they are talking about is an exemption concerning the State laws of carrying a weapon.
I have a friend who had the same problem. He got a lawyer, and had the governor grant a pardon to expunge his records. It can be done, but good luck if you have a Democratic governor.
One other item that interests me is the question on the 4473 that asks if you have ever been adjudicated mentally defective.
Recently, I had a man come in the shop to buy a handgun, and he asked if he could do so, because he was receiving a Military Disability for some kind of Mental Issue.
I have no idea.
"Adjudicated" as per your question means committed to mental care by a Magistrate for reasons other than "observation" or diagnosis. In other words, imprisoned as a nut. (As interpreted by the US Attorney's office.)
It would seem then, that a Doctor granting some kind of prognosis would not rise to the level of "adjudication". That does make sense.
Moral of the story: Do not get married, do not have children, never, but never have an intimate or dating relationship with anyone. When you get horney, use a prostitute, your not paying for the sex, your paying for them to leave afterward.
Just joshing, turn off the flamethrowers.
Big + 1 and I am not "joshing".
Trvis
Word.
P.S. did you change your name?
Sometimes I slur my words when I type as well.
Thanks for noticing and GFY.
Travis
Sometimes I slur my words when I type as well.
Thanks for noticing and GFY.
Travis
At 8 am on a Weds.? Awesome. Big head start for Weds. nite for you.
P.S. I'll catch up.
Got a friend in from Chicago. The force is strong with this one. Could be an interesting Wednesday. I'm think The Palace and the Eagles.
Travis
Uh-oh. Me thinks you sound like you got the game face on.
Schit is about to hit the fan in town.
How can you find out if your conviction included domestic violence?
Does domestic violence have to be spelled out and a part of the judge's decision, in writing?
Yep, looks as though you are hosed.
Read through this page though to make sure:
http://www.atf.gov/firearms/faq/misdemeanor-domestic-violence.htmlCouple possible avenues:
1) Get hold of Alan Gura (of Heller fame) and see if he wants to take this up, there's a couple of other similar cases that have been heard but he didn't argue them. If your domestic violence conviction included either using or threatening with a weapon I doubt he'd touch it.
2) Get hold of your congressional guys and ask for an amendment to the law which puts a timeline on the ban in cases of domestic violence convictions not involving a weapon.
Lt - you are welcome sir - Texas is the finest colony us Tennesseans ever started!
Talked in real time with my attorney yesterday. Gov Scott Walker Rep has closed down the pardon department for now in WI. Also one of the few laws that goes retro active for past convictions.
get a different attorney.
stop posting about it.
Loco, the attorney was recommended by the NRA.
Everyone posting about how to skirt the law ie gun show loopholes, having someone else fill out the 4473, private sales etc, NEEDS TO STOP! Dont think for a minute that the antis don't cut and paste stuff like that as "evidence" to use in their fight and make it look like a majority of guns are bought illegally!
Loco, the attorney was recommended by the NRA.
0 for 2.. Great job.
How can you find out if your conviction included domestic violence?
Does domestic violence have to be spelled out and a part of the judge's decision, in writing?
It really isn't complicated.
Travis
"It really isn't complicated."
Would you explain how?
There are some state crimes involving family violence that the Justice system does not consider domestic violence.
You could get an attorney to check with the FBI, to find out if the DOJ recognizes and accepts your states definition of family violence, and the crimes involved with domestic violence.
A place to start is to call the number a firearms dealer calls when you fill out a 4473 and ask them.
I know there are some crimes that a state or local police force might call domestic violence, but which does not meet the DOJ criteria of either assault, disorderly conduct, and others that are usually the crimes with domestic violence tacked on.
Either you or your attorney could contact the FBI to get this information. In my dealings with the FBI, I have found them very knowledgable about which crimes are also classified as federal crimes and which are not, but which a local jurisdiction claims is a federal crime, or if the state's defination is accepted by the FBI.
I know for a fact that some crimes arn't considered to be domestic violence from a DOJ point of view, and the FBI's ruling is the one you have to satisfy when you fill out a 4473.
Anybody having this issue really needs to talk a lawyer who really knows what s/he is talking about. Asking licensed firearms dealers and calling the FBI aren't going to cut it. As examples of the complexity of the issues, take a look at U.S. v. Hayes, 526 F.3d 674 and U.S. v. Fischer, 641 F.3d 1006. It's a minefield out there and the consequences of stepping on one are really bad.
I would not ask a licensed gun dealer, but you can ask the FBI.
It is simple. Call the number the deale would call to get an okay on the 4473. Give the person who answers all the pertament
infor, then ask if there is anything on your record that would prevent you from owning, possesing, or purchasing a firearm.
Since a licensed dealer has to get an okay from the FBI, per the 4473, it seems that the FBI would know better than anyone, since they are the ones who approve the purchase and tell the dealer that it is okay to proceed with the sale, and also checks your background to find out if there is anything in your background that prevents you from ever owning a firearm. Or puurchasing one or visiting someone who owns one, or going into the sporting goods section at Wall Mart.
Good luck with that. The FBI is not going to serve your federal time for making a mistake in the giving of telephone advice or in approving a transaction that should not be approved. But, help yourself.
