misdemeanor domestic

Discussion in 'General GWL Questions' started by yeibiche, Mar 20, 2007.

  1. yeibiche

    yeibiche New Member

    3
    0
    0
    A friend was just denied a gun purchase because of a midemeanor d.v. record. He is a lifelong GA resident and was unaware of the law (which is how I ended up finding this website) If I am interpreting the law right, after 5 years he is eligible without restriction, prior to that he has to go to the court of conviction and make some kind of request. (expungement?)
    Can someone clarify this for me and tell me the odds of a successful plea?
     
  2. ber950

    ber950 Active Member

    3,562
    2
    38
    Without an expungment he is barred for LIFE Can't touch a gun. That would be a federal felony with a 5 year prison term.

    He needs a good lawyer.
     

  3. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    Sorry, this is Federal law since 1996 and is called the Lautenberg Amendment. Misdemeanor DV is a permanent denial, the same as if he was convicted of a felony.
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

    24,334
    118
    63
    Pardon, Not Expungement

    I think what can remove the ill effects of a domestic violence misdemeanor conviction is a PARDON, a full pardon that includes gun rights. Only the Board of Pardons and Paroles of the State of Georgia can give pardons for Georgia criminal convictions. Well, maybe the President of the USA can do it too, but good luck getting his signature on that form!

    I don't know what it takes to get a padon with full restoration of gun rights, but you could ask the Board or check their website.

    Finally, I don't know if the feds would agree that if you're convicted by a State of Georgia court and later the State of Georgia's Board of Pardons issues you a pardon, you're no longer subject to the federal law, i.e. the Lautenberg amendment. They may take the position that once you're convicted, it doesn't matter if your conviction is later erased! That would totally go against the intent and purpose of having a "pardon" process in the first place. But who knows how the federal bureaucrats or the courts will rule? If they have already ruled and there's caselaw on-point, I am not aware of it (though I have not looked).

    By the way, and EXPUNGEMENT is what you do for arrest records for arrests that did not result in a conviction. If you've been convicted of a crime and never pardoned for it, you cannot "expunge" the arrest from your criminal history report. At least that's how I THINK it works. Consult a real attorney [one in private practice and available for hire] who can do legal research for you as a client to get the best possible answer.
     
  5. VolGrad

    VolGrad Tactical Statistician

    Wow ... DA ... that sure was a lot of information! Good luck with all that. Hope he has finally kicked her to the curb for the final time. Hope the kids are OK.
     
  6. Mafuta54

    Mafuta54 Active Member

    2,247
    4
    38
    My son caught his ex with her biyfriend and got mad, threatened to put a bullet in both their heads and was convicted of misdemeanor verbal spousal abuse (in PRK) and has lost his right to own a gun, spent thousands for anger management classes, domestic violence classes, divorce proceedings, etc. It is a real mess!! At least my son also has full custody of his son!
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,387
    394
    83
    Good find! :D