Georgia Firearm Forums - Georgia Packing banner

1 - 12 of 12 Posts

·
Registered
Joined
·
3 Posts
Discussion Starter · #1 ·
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?
 

·
Registered
Joined
·
3,588 Posts
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.
 

·
Premium Member
Joined
·
8,460 Posts
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.
 

·
Lawyer and Gun Activist
Joined
·
28,154 Posts
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.
 

·
Tactical Statistician
Joined
·
13,595 Posts
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.
 

·
Registered
Joined
·
2,267 Posts
DoubleAction said:
The Lautenberg Amendment , in my opinion, is by far the most devastating piece of of anti Second Amendment Legislation ever to be signed by a U.S. President.
My Son lost his rights after "He" was attacked by his wife while trying to leave for work one morning. My son called 911 and the police arrived to carry him off to jail. His wife then advised him to plead No Lo to the charges when they went to court to get out of talking to the judge.

My Son is a good man; His wife hasn't worked a day during their ten yea marriage. He has a very nice home he bought just months before they were to be married. He has a very good job, which he been on since graduating from High School. My wife and I paid for two Divorces during their ten year marriage but she just luring him back. He is now putting the finishing touches of his current divorce and has full custody of his three children. His whole story is very long extremely tragic.
The last divorce began to turn after his wife administered adult dosages of her depression medication to the children one morning. Both children had past out at school and had to be life flighted to Eckleston Children's Hospital. We were then fortunate to having her investigated by DFACS and the Juvenile Courts. That was only a part of her recklessness.

Using as few of words from an entire book of events, I ask myself over and over how our justice system found him guilty of domestic violence. It also cost him a hefty fine, community service, attended meetings, and reported to a probation officer so often.

It happened because of our Double Standard System of Deaf, Dumb, and Blind Justice, and one hen pecked, wimped out President.
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!
 

·
Moderator
Joined
·
68,680 Posts
DoubleAction said:
My Son lost his rights after "He" was attacked by his wife while trying to leave for work one morning. My son called 911 and the police arrived to carry him off to jail. His wife then advised him to plead No Lo to the charges when they went to court to get out of talking to the judge.
I read an Official Opinion, 98-2, by The State Attorney General Thurbert Baker, which could affect my Son's case. I'm wondering how I can find the best way in pursuing putting things in motion on this.

http://law.ga.gov/00/opinion/detail/0,2 ... 85,00.html
Good find! :D
O.C.G.A. § 16-11-129(b)(5)(B)(ii) (a plea of nolo contendere to certain offenses would disqualify a person from getting a license to carry a pistol or revolver). Of particular significance to your inquiry, is that the General Assembly provided in O.C.G.A. § 16-11-129(b)(5)(B)(ii), that a plea of nolo contendere in drug related cases results in the inability to get a pistol license. This demonstrates that the General Assembly did not intend to effect a disqualification for other nolo contendere pleas not specified in the statute
 
1 - 12 of 12 Posts
Top