question about domestic violence record

[ham]

for the record this is NOT about myself... I know someone who claims to have a D.V. record but claims to have firearms at home. also he has his brother keep his firearms to where they are easily accessible.

tried to google what the punishment is for having weapons with a record but no luck.

[Cokebottle]

Felony.
Both Federal and California.
Brother is also guilty of providing firearms to a prohibited person.

10 years? It can be hard to find the penalties on some crimes, particularly Federal crimes.

[BigDogatPlay]

Federal sentencing guideline table can be found here. You need to understand what the offense level is to try and piece it together.

Cases involving deadly weapons are always eligible for enhancement under the federal guidelines. I know that a felon in possession conviction at the federal level is a maximum term of 10 years, I don't know if they would treat a DV prohibited person as harshly, but they just might.

I'm still trying to get the renumbered California sections straight in my brain, but I believe possession by a DV misdemeanant within 10 years of conviction is covered in PC 29805. That's a wobbler, up to a year in county, a $1000 fine or state prison.

Straight felon in possession is now under PC 29800.

[Mickey D]

My question is...not knowing all the facts of his DV situation, would you bring this up to the DA or LE?
Knowing that he has had DV issues and something were to happen to his partner, would you feel guilty not doing anything? I'm sure many would say "MYOB".
Just something we can think about.

[Cokebottle]

My question is...not knowing all the facts of his DV situation, would you bring this up to the DA or LE?
Knowing that he has had DV issues and something were to happen to his partner, would you feel guilty not doing anything? I'm sure many would say "MYOB".
Just something we can think about.

The law has always said that felons are prohibited.

Many DV cases were plead down to misdo because that was not a prohibiting conviction.

Along comes Lautenberg imposing what amounts to an ex-post-facto law reclassifying misdo DV (which most are) as a prohibiting offense.

We don't know the details of his offense... was it a felony conviction? Was it a misdo conviction? Was it a misdo conviction prior to Lautenberg? Was it last year? Was it 20 years ago? Was the former partner "bat **** crazy" and called the cops to complain when he even looked at her wrong? (I have a friend who had a wife like that... she'd grab his shirt, rip the buttons, then bang her face into a door frame to create a bruise and call the cops... he was VERY lucky to never have charges pressed).

I'm not saying that this may not be something to be concerned about... but the OP knows the person involved. Most people tend to be pretty good at judging whether someone is a risk with firearms or not.
This is certainly not something that I would bring to the attention of the DA or LE unless I were concerned about the stability of the prohibited person.