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Thread: Legal question regarding gun ownership.

  1. #1
    Regular Member crossfireltd's Avatar
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    Legal question regarding gun ownership.

    I have a good friend that was convicted of a misdemeanor/domestic violence charge (no domestic violence involved). Can he own a firearm in the state of Virginia after a waiting period? If so how would he go about getting his right to own/carry a firearm?


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    Regular Member ProShooter's Avatar
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    Quote Originally Posted by crossfireltd View Post
    I have a good friend that was convicted of a misdemeanor/domestic violence charge (no domestic violence involved). Can he own a firearm in the state of Virginia after a waiting period? If so how would he go about getting his right to own/carry a firearm?


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    How was he convicted of domestic violence if there was no domestic violence involved?
    James Reynolds

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  3. #3
    Regular Member crossfireltd's Avatar
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    Re: Legal question regarding gun ownership.

    Quote Originally Posted by ProShooter View Post
    How was he convicted of domestic violence if there was no domestic violence involved?
    The incident involved him disciplining his teenage son, the son called the police and alledged that his father punched him. This happened about 10 years ago. I know that he is a good guy and the incident did not happen the way the son indicated, but I was not present either. He went to court and pleaded (poor legal advice) to domestic violence and was charged with a misdemeanor and had to take anger management classes and did not serve any jail time. His attorney advised him that he would never be able to own a firearm in the Commonwealth of Virginia.



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    Last edited by crossfireltd; 12-14-2012 at 09:43 AM.

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    Regular Member KWP's Avatar
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    Quote Originally Posted by crossfireltd View Post
    This happened about 10 years ago.
    Isn't it possible to have this conviction record expunged?
    "Guns don't kill people, people kill people"

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    Regular Member ProShooter's Avatar
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    Quote Originally Posted by crossfireltd View Post
    His attorney advised him that he would never be able to own a firearm in the Commonwealth of Virginia.


    I'm sure that one of our esteemed attorneys will jump in here, but ownership and possession are 2 different things. I can own a home in a state I dont live in. I can own a car and not have a license. Someone can own a firearm, but not be allowed to possess it or have it under their control.

    Your friend can't possess a firearm with a DV conviction. Do a search here. User explained it not too long ago better than I can.
    James Reynolds

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by KWP View Post
    Isn't it possible to have this conviction record expunged?
    No!

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by crossfireltd View Post
    The incident involved him disciplining his teenage son, the son called the police and alledged that his father punched him. This happened about 10 years ago. I know that he is a good guy and the incident did not happen the way the son indicated, but I was not present either. He went to court and pleaded (poor legal advice) to domestic violence and was charged with a misdemeanor and had to take anger management classes and did not serve any jail time. His attorney advised him that he would never be able to own a firearm in the Commonwealth of Virginia.



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    This is a question for User and I recommend calling him.
    There is a lot of maybe in that question and he's explained it...I just didn't pay any attention to it since my children were perfect and I didn't have to beat them

    From what I remember there is no law titled "Domestic Violence in VA" so.....
    The answer is maybe...ask Dan!

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    Quote Originally Posted by ProShooter View Post
    How was he convicted of domestic violence if there was no domestic violence involved?
    Yes, I think that the person who wishes this answered should post the query himself and not through someone who may not have all the facts...

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    He pleaded guilty, thus was convicted of a misdemeanor, for an incident involving (even if it really didn't) violence or a threat of violence against an immediate family member.

    Sorry. His right to possess a firearm is the same as Charles Manson's.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by KBCraig View Post
    He pleaded guilty, thus was convicted of a misdemeanor, for an incident involving (even if it really didn't) violence or a threat of violence against an immediate family member.

    Sorry. His right to possess a firearm is the same as Charles Manson's.
    Not necessarily and that's why I told him to talk to an Dan Hawes who is an attorney. It depends on WHAT he was convicted of. It could have just been simple assault.

    User Wrote:
    There is no such thing as a "crime of domestic violence" per se in Virginia. Assault never involves violence, since no touching of any kind is required for a conviction, and battery only necessitates the slightest touch that constitutes "the unprivileged, offensive touching of the person of another without legal cause, justification, or excuse." Violence is not an element of the crime defined by 18.2-57.2.

    However, it is my understanding that some police agencies are ignoring the law on this point and assuming that they can arrest someone (with an eye to railroading him into a felony conviction) merely because of a conviction for domestic assault and firearms possession. This should not be necessary, but in order to eliminate that risk, one should file a petition for declaratory judgment that he is not prohibited from possession on account of that conviction.
    Last edited by peter nap; 12-15-2012 at 02:27 AM.

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    Campaign Veteran skidmark's Avatar
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    Sorry I'm late - my keyboard borked. The new one came borked. I'm now typing on the third replacement keyboard. It seems to be working.

    How about we just look at what BATFEieio has to say about the subject? http://www.atf.gov/firearms/faq/misd...-violence.html

    Q: What is a “misdemeanor crime of domestic violence?”A “misdemeanor crime of domestic violence” means an offense that:

    1. is a misdemeanor under Federal or State law;
    2. has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon; and
    3. was 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.

    However, a person is not considered to have been convicted of a misdemeanor crime of domestic violence unless:

    1. the person was represented by counsel in the case, or knowingly and intelligently waived the right of counsel in the case; and
    2. in the case of a prosecution for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either —
      1. the case was tried by a jury, or
      2. the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

    In addition, a conviction would not be disabling if it has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing firearms.
    [18 U.S.C. 921(a)(33), 27 CFR 478.11]
    So - based on the very little information provided, it appears the OP's good friend is a prohibited person.

    And a note for you who have been championing that there is no crime labled "domestic violence" in Virginia - go back and read the above from BATFEieio again.

    stay safe.
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    Quote Originally Posted by peter nap View Post
    It depends on WHAT he was convicted of.
    Sorry, but no: it depends on the elements of the event.

    Skidmark weighed in with the correct info before I saw your reply; the name of the charge doesn't matter, only the elements and the relationship.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by KBCraig View Post
    Sorry, but no: it depends on the elements of the event.

    Skidmark weighed in with the correct info before I saw your reply; the name of the charge doesn't matter, only the elements and the relationship.
    Just pointing to what's been posted by qualified people KB, and suggesting he contact the person who posted it....who is a Virginia attorney.

    At least Skid posted a cite.

    We don't have any details of the case or if he was really convicted or if the case was postponed for a year and dismissed after taking his anger management classes. That's pretty common in those cases.
    In short NO ONE HERE INCLUDING THE OP. KNOWS WHAT HE WAS CHARGED WITH OR CONVICTED OF.

    The OP asked if the friend could own a firearm. That covers a lot of territory because he COULD own a Muzzle Loader under Federal law....but depending on the charge, maybe not under Virginia law.
    Last edited by peter nap; 12-16-2012 at 08:18 AM.

  14. #14
    Accomplished Advocate user's Avatar
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    Most importantly, we don't know what state the conviction occurred in; hence whether Virginia law applies or not.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Regular Member crossfireltd's Avatar
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    Re: Legal question regarding gun ownership.

    Quote Originally Posted by user View Post
    Most importantly, we don't know what state the conviction occurred in; hence whether Virginia law applies or not.
    Sorry for the late reply, but the incident occurred here in Virginia.


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