Misdemeanor Crime of domestic violence and getting your rights back.

[Codeman55]

Hello to all my fellow American gun lovers. I'm new here and in desperate need of some help. About 11 yrs ago I was charged with a felony domestic violence for grabbing my wifes arm during an arguement. I only grabbed her arm because she was getting ready to slap me, which I did not tell the police because I didn't want her to get into trouble, I didn't hit her, push her or anything else. Keep in mind I had no prior convictions for anything, served my country for 7 yrs as a military policeman. Long story short it was plead to a misdemeanor, and I accepted. So now 11 yrs later I've been itching to buy a gun before our politicians make all of them illegal. Needless to say, with everything I've read it's impossible because of the Lautenberg Amendment, even an expungement wont work because the feds don't recognize California expungement as a true expungement. Any advice will help.......pleeeeease!

[Mitch]

Sounds like you have a very good grasp of the situation.

Firearms ownership is not in your future. Not legally, anyway.

This probably belongs in the How CA Laws Apply to/Affect Me forum, though it's not a California law that applies.

[donw]

you might want to consult an attorney who specializes in firearms law. look around on this site.

the fact you have been a productive, law-abiding citizen, for 11 years may work in your favor.

[BigBamBoo]

Welcome to CalGuns. Unfortunately with you DV conviction you are banned for LIFE via the Feds.

Lots of good info in this thread: http://www.calguns.net/calgunforum/s...d.php?t=417935

Bows, crossbow, and air guns are your only real legal choice in CA. They make some pretty cool and powerful large bore air guns now days as well as air "crossbows".

Here are some things to look at:

http://www.crosman.com/connect/introducing-the-benjamin-pioneer-airbow/

http://www.airgundepot.com/big-bore-airguns.html

http://quackenbushairguns.com

Good luck to you.


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[Quiet]

Welcome to CalGuns. Unfortunately with you DV conviction you are banned for LIFE via the Feds.

What he said.

And unfortunately, there is no relief from this ban.

In June 2016, SCOTUS upheld the life time firearms ban for people with misdemeanor domestic violence convictions. (Voisine v United States)

[230infantry]

Should've told the cops she was gonna hit you brother. Could've helped you.

[Jimi Jah]

Why did you allow your wife to file charges against you?

Are you still married to her? If so, why?

[Mitch]

Why did you allow your wife to file charges against you?

Are you still married to her? If so, why?

Why so many questions that are none of your business and irrelevant to the original question asked?

[capt14k]

That sucks and I am sure happens more often than not. Once the police are called in many jurisdictions the man is screwed. Best advice I can give is let the woman hit you, walk away, and if it really bothers you press charges against her. My wife would only hit me once, because I would be gone before a second opportunity ever arose.

Also if ever charged with domestic violence, and your not guilty, never plea it down. The easy plea bargain that made sense at the time screws you years later. A friend of mine was being punched by a girlfriend, who was not a small woman, in a parked car. He exited the vehicle and she went after him again. After being punched a dozen times he spit on her. Of course the cop that pulled up only saw what he did and not his bloody nose or marks on his face. She was in the driver's seat, in her car, and was drunk. My buddy doing the chivalrous thing never mentioned her assault or drunken state. He was charged with domestic violence which we pled down to a disorderly persons and was given a $250 fine. Little did he realise that plea was a disorderly persons with domestic violence option. That was 10 years ago. Today he can not buy a firearm because he can't pass a NICS check.


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[Jeepergeo]

you might want to consult an attorney who specializes in firearms law. look around on this site.

the fact you have been a productive, law-abiding citizen, for 11 years may work in your favor.

I missed the OPs claim to have been a law abiding and productive citizen since the event.

OP....you really need to hire an attorney that specializes in this sort of thing. You might spend some money, but you'll likely get an answer you will be more certain of rather than the uncertainty that comes with interweb advice.

[Codeman55]

Thanks to everyone for your input. I've literally buried my nose in the Constitution, and other related cases since I found out about the Lautenberg Amendment . I fail to understand how this is not a violation of both the 2nd and 8th amendments.

[Mitch]

Thanks to everyone for your input. I've literally buried my nose in the Constitution, and other related cases since I found out about the Lautenberg Amendment . I fail to understand how this is not a violation of both the 2nd and 8th amendments.

It's not a violation of the 2nd because of due process.

As for ex post facto, you should read this thread where fiddletown, one of the actual attorneys who hangs around Calguns, shows that courts have decided the Lautenberg Amendment is Constitutionally sound:

http://www.calguns.net/calgunforum/showthread.php?p=16786433#post16786433

[bwiese]

The number of DV==loss of gun rights situations for borderline matters is sad....

1. Dumb attorney doesn't realize there's a LIFETIME FED ban, just CA 10yrs.

2. Dude tries to 'protect his wife' from charges even though they're
on their way to divorce.

3. Kids' custody is threatened if legal matters continue so dude pleads
to misdemeanor.

Sad.
If you're on the way to divorce, don't try to give up your gunrights to
have a 0.01 % chance of saving marriage.

Don't give up your gun rights to try to get your kids. Get your kids
back on their own merits - don't become a criminal to do so, fight
fight fight.