Since he hasn't done anything to become un-eligible since being issued the license (at least, nothing shows up in CCAP), nothing has changed, so DOJ is lying/misinformed.Originally Posted by article
It doesn't look like he's been convicted of anything, at least in WI.[he claims] he has not been convicted of domestic violence.
Here's the case: State of Wisconsin vs. David W Kerr; Pierce County Case Number 2008CM000048
And it says right on the first page:
"The dismissed charges were not proven and have no legal effect. David W Kerr is presumed innocent of the dismissed charges."
It says there were 2 charges of DC, "dismissed on prosecutor's motion".
Not a single mention of anything relating to domestic violence, let alone a conviction.
Here's his case against the DOJ:
David Kerr vs. Wisconsin Department of Justice; Pierce County Case Number 2012CV000327
Good for him!
He's wrong. (Or the reporter misquoted, which is entirely possible.)He also says state law “does not expressly provide for denial based on a conviction of a misdemeanor crime of domestic violence.”
See 18USC 921 (a) (33) http://www.law.cornell.edu/uscode/text/18/921 which defines “misdemeanor crime of domestic violence”.175.60 (3) Restrictions on issuing a license.
The department shall issue a license under this section to an individual who submits an application under sub. (7) unless any of the following applies:
(b) The individual is prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.
and 18USC 922 (g) (9) http://www.law.cornell.edu/uscode/text/18/922
(g) It shall be unlawful for any person
(9) who has been convicted in any court of a misdemeanor crime of domestic violence
to ... possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
And according to section (h), anyone employed by someone described in paragraph g (the various reasons to be prohibited) may not "receive, possess, or transport" a firearm or ammo in the course of employment.
Good reason to choose your boss well.
Wonder how that works for bodyguards...?