Could use a helpful nudge - Misdemeanors & Guns in WY

[KFinn]

So I don't want to go in to any details, one I don't want to air my relatives dirty laundry but two, luckily, I don't know much details. Just an overview.

ANyway, I could use a tiny bit of help. I found a lot of helpful information that answered most of my questions. There is one I am unable to find. So if you can find it and send a link and paste in some data.... I'd much appreciate it.


My Question: what does the WY law state about owning long guns/firearms/ etc etc if you have a battery misdemeanor?


I've found the info about permit applications with that and what exactly defines Criminal Battery or Simple Battery. I know you can't have guns if you have a felony...... but not battery. So That is the missing link....


For any of those that are curious as to what I have found that I already answered... I will copy and paste those into a subsequent reply to keep this clean and tidy.

[KFinn]

Defining Battery and penalties:

I bolded and marked in red, the clips that I think the relative will fall under.


(http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title6/T6CH2AR5.htm)
ARTICLE 5 - ASSAULT AND BATTERY
6-2-501.Simple assault; battery; penalties.
(a)A person is guilty of simple assault if, having the present ability to do so, he unlawfully attempts to cause bodily injury to another.
(b)A person is guilty of battery if he intentionally, knowingly or recklessly causes bodily injury to another person by use of physical force.
(c)Except as provided by subsection (e) of this section, simple assault is a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00).
(d)Except as provided by subsection (f) of this section, battery is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. Notwithstanding any other provision of law, the term of probation imposed by a judge under this subsection may exceed the maximum term of imprisonment established for the offense under this subsection provided the term of probation, together with any extension thereof, shall in no case exceed one (1) year.
(e)A household member as defined by W.S. 35-21-102 who is convicted upon a plea of guilty or no contest or found guilty of simple assault against any other household member, after having been convicted upon a plea of guilty or no contest or found guilty of a violation of W.S. 6-2-501(a), (b), (e) or (f), 6-2-502, 6-2-503, 6-2-504 or other substantially similar law of this or any other state, tribe or territory against any other household member, is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
(f)A household member as defined by W.S. 35-21-102 who commits a second or subsequent battery against any other household member shall be punished as follows:
(i)A person convicted upon a plea of guilty or no contest or found guilty of a second offense under this subsection against any other household member, after having been convicted upon a plea of guilty or no contest or found guilty of a violation of W.S. 6-2-501(a), (b), (e) through (g), 6-2-502, 6-2-503, 6-2-504 or other substantially similar law of this or any other state, tribe or territory against any other household member within the previous five (5) years is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.Notwithstanding any other provision of law, the term of probation imposed by a court under this paragraph may exceed the maximum term of imprisonment established for this offense under this paragraph provided the term of probation, together with any extension thereof, shall in no case exceed two (2) years;
(ii)A person convicted upon a plea of guilty or no contest or found guilty of a third or subsequent offense under this subsection against any other household member, after having been convicted upon a plea of guilty or no contest or found guilty of a violation of W.S. 6-2-501(a), (b), (e) through (g), 6-2-502, 6-2-503, 6-2-504 or other substantially similar law of this or any other state, tribe or territory against any other household member within the previous ten (10) years is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than two thousand dollars ($2,000.00), or both.
(g)A person is guilty of unlawful contact if he:
(i)Touches another person in a rude, insolent or angry manner without intentionally using sufficient physical force to cause bodily injury to another; or
(ii)Recklessly causes bodily injury to another person.
(h)An unlawful contact under subsection (g) of this section is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00) or both.

[KFinn]

Talking about CCW Permits






6-8-104. Wearing or carrying concealed weapons; penalties; exceptions; permits.


....

....



(c) The division may deny a permit if the applicant has been found guilty of or has pled nolo contendere to one (1) or more crimes of violence constituting a misdemeanor offense within the three (3) year period prior to the date on which the application is submitted or may revoke a permit if the permittee has been found guilty of or has pled nolo contendere to one (1) or more crimes of violence constituting a misdemeanor offense within the preceding three (3) years.

[theGinsue]

Under the Clinton administration, a Federal law went into effect, often call the Lautenberg Amendment, making it illegal to own or possess firearms if you are convicted of a Misdemeanor Crime of Domestic Violence", Pub.L. 104-208 (http://www.gpo.gov/fdsys/pkg/PLAW-104publ208/content-detail.html),[1] (http://en.wikipedia.org/wiki/Domestic_Violence_Offender_Gun_Ban#cite_note-0) 18 U.S.C. (http://en.wikipedia.org/wiki/Title_18_of_the_United_States_Code) § 922(g)(9) (http://www.law.cornell.edu/uscode/18/922(g)(9).html)[2] (http://en.wikipedia.org/wiki/Domestic_Violence_Offender_Gun_Ban#cite_note-1)) was an amendment to the Omnibus Consolidated Appropriations Act of 1997 enacted by the 104th United States Congress (http://en.wikipedia.org/wiki/104th_United_States_Congress) in 1996.

Thats the only misdemeanor charge that I'm aware of that prohibits firearms possession.

ETA: http://en.wikipedia.org/wiki/Domestic_Violence_Offender_Gun_Ban

[KevDen2005]

Ginsue looks like to have already covered it, but I was going to say any Felony or any Misdemeanor Domestic Violence Charge, including what Wyoming states is Battery.

[sniper7]

not looking good.

[KFinn]

Thanks... that little tid bit was enough to accelerate my search back to it's previous pace.

The three potential options I am hoping are:
1. If this can get dropped prior to trial or found innocent upon trial, it would be the best option.

2. If found convicted, maybe one day they can get it expunged.

3. Depending on the outcome of this.... they may be able to get the rights back.
http://www.ammoland.com/2010/01/07/an-end-to-the-lautenberg-amendment/

[theGinsue]

Thanks... that little tid bit was enough to accelerate my search back to it's previous pace.

The three potential options I am hoping are:
1. If this can get dropped prior to trial or found innocent upon trial, it would be the best option.

2. If found convicted, maybe one day they can get it expunged.



Of course, the first option is best. If hte person doesn't have a criminal history, there is a fair chance the court to have a deal where (if convicted), once the terms of the conviction are met and the probation is over, the charges could get officially "dismissed".

[KFinn]

By the way, Thanks again all for the help. I feel much better and have at least put my mind and fear at ease by simply having the knowledge of exactly what is at risk and how the law is written and what their options are going forward.

[sniper7]

good luck hopefully the process turns in their favor