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Old 07-28-2020, 2:11 PM
neato burrito neato burrito is offline
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Default 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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Old 07-28-2020, 3:33 PM
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SkyHawk SkyHawk is offline
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Quote:
Originally Posted by neato burrito View Post
I know there is a federal law that bans anyone with ANY domestic violence conviction from owning guns
You are incorrect. The federal MCDV prohibition only applies if you were spouse/former spouse, parent, guardian, or baby momma/baby daddy to the victim. 18 USC 921(a)(33)

Quote:
(33)
(A) Except as provided in subparagraph (C),[2] the term “misdemeanor crime of domestic violence” means an offense that—
(i) is a misdemeanor under Federal, State, or Tribal [3] law; and
(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.
That means fighting with your brother, sister, aunt, cousin, parent, high school girlfriend etc - is not prohibiting.

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:
Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?
And the instructions (which are also on the form) for answering that question says what "committed to a mental institution" means:

Quote:
Committed to a Mental Institution: A formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term includes commitment for mental defectiveness or mental illness. It also includes commitments for other reasons, such as for drug use. The term does not include a person in a mental institution for observation or a voluntary admission to a mental institution.
Note that it is a formal, involuntary commitment by a court or similar lawful authority. Voluntary or observational commitments are not prohibiting and a person would answer 'No' to that question if that were the circumstance of the commitment. And in any case, any type of commitment at 12yrs old would be a questionable basis to deny 2A rights to an adult.

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!
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Last edited by SkyHawk; 07-28-2020 at 3:59 PM..
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  #3  
Old 07-28-2020, 3:56 PM
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Librarian Librarian is offline
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...And I really cannot imagine that exposing those details here would be useful, compared to consulting your own lawyer.
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Old 07-28-2020, 4:04 PM
Chewy65 Chewy65 is offline
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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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