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I have a friend (really), that pleaded guilty to domestic violence and did not have the money to hire the attorney to fight the charge. This person now wants to purchase a firearm. She does not know if the charge has been buried or not. If she attempts a purchase and fills out the ATF form for the background check and answers truthfully, can she be arrested for attempting to purchase a firearm if the check is a no-go?
I am by no means a legal advisor but I thought if you'd been convicted of domestic violence you were not allowed to own firearms. There'll be someone along with more expertise soon.
Based on the fact she plead guilty means she admitted guilt. I am not an attorney but that is how I understand it. So I do not think she can ever own a handgun, unless the court overturns the plea. Did she get a deferred dismissed????? Gun stores can not and will not sell her a handgun if its on her record. I would have her contact the courts to see if she can get it removed from her record or see what was the requirements to her conviction.
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Originally Posted by tonantius
She cant own guns period. No arrest unless she has warrants.
She can run the same check through the CBI website for something like $7. If it comes up she'll know without going through all the paperwork and wasting the dealer's time.
Link:
https://www.cbirecordscheck.com/Comm...imitation.aspx
Echoing the 2 prior posts I would only add that you might consider getting an attorney and having them get the conviction overturned.
This is one of those things you REALLY don't want to mess up.
My recommendation is an attorney
I say fight it and take it to the supreme court. Being a woman there is a 180 taken on the subject of DV and owning a gun.
Your friend no longer has any Second Amendment rights. Period.
http://www.law.cornell.edu/uscode/18/922%28g%29%289%29.html
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TITLE 18 > PART I > CHAPTER 44 > § 922. Unlawful acts
(g) It shall be unlawful for any person—(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—(A) is illegally or unlawfully in the United States; or(6) who has been discharged from the Armed Forces under dishonorable conditions;
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(9) who has been convicted in any court of a misdemeanor crime of domestic violence,(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
Been done ... we lost.Quote:
Originally Posted by DOC
just as everyone else has said...she can't own firearms. period.
only thing to potentially fix this is to get a lawyer, try to get it expunged from her record, then run the CBI BG check, if it comes up clear, then go buy a gun. the process to get it expunged will probably be long and arduous.
Her only options would be a presidential pardon, or petition the Governor of the state in which the conviction occurred for a restoration of her rights.