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Domestic Violence conviction on my record. How do I get my rights?
I have a misdemeanor domestic violence conviction from like 1999 in the state of Illinois. The victim was a family member and is working with me to get the charges expunged to help me get my rights back. I was also institutionalized as a 12 year old minor for depression. It was not a court ordered institutionalization. I know there is a federal law that bans anyone with ANY domestic violence conviction from owning guns and on the California application it also asks if you have ever been institutionalized. These both would apply to me. If I successfully get the DV charges expunged can I answer "no" on the application asking if I have ever been convicted of DV or would they still try to F me for that? I am expecting a phone call from an Illinois lawyer who my family found for me to help me with this. I'm looking for any advice or insight this forum can offer me. Thanks in advance!
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#2
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And I doubt that being institutionalized at 12yrs old is prohibiting. And there is no specific California application - it is a federal application, form 4473. And it asks: https://www.atf.gov/firearms/docs/44...53009/download Quote:
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So it is possible you are not prohibited at all right now. But as they say, the devil is in the details. As you can see, the exact relationship with the DV victim, and the exact nature of the mental institution visit absolutely matter. So unless you are willing to provide all the details here, we cannot offer much more and you should consult an attorney and share the details with them. -Be safe & welcome to Calguns! Last edited by SkyHawk; 07-28-2020 at 3:59 PM.. |
#3
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...And I really cannot imagine that exposing those details here would be useful, compared to consulting your own lawyer.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#4
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I never practiced Juvenile Law, but also have had rights denied because of a juvenile matter. You may want to determine if you were ajudicated as an adult. I was not and my case was dismissed by a judge hearing it as a juvenile matter, even thought an ADA asked that I be found in violation of a Penal Code section. The charge was dismissed, but I believe if I had been found to have acted as adult I could have been tried. This was way back in the day and I haven't a clue what current law may say.
I suggest doing as suggested by Librarian and consult your own lawyer. |
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