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Thread: domestic violence getting a gun

  1. #1
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    Cool domestic violence getting a gun

    Hey all i have a frend ask me the other day and buying a gun..i side ok what you need to know...he said if he can get a gun with a domestic violence in Nevada..i said i dont know..ok guys the DV is about 11yrs old ..so i told him i will find out...

    Can anyone help me on this

    ty

  2. #2
    Regular Member Nevada carrier's Avatar
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    No, no one here will help you (or your friend) purchase a firearm if they are prohibited by law from doing so. You (or your friend) should hire an attorney who is well versed in firearms law to do this.

    My next tip, please learn to speak/write English before trolling our forum.
    Nevada Campus Carry: The Movement Continues
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  3. #3
    Campaign Veteran MAC702's Avatar
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    The state is irrelevant. It is a federal law (the Lautenberg Act) that broke several other laws, including the Constitution) when it removed the right to own firearms from those convicted for domestic violence at any point in their past. It was interesting to see how many cops lost their job because of this, though.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Quote Originally Posted by Nevada carrier View Post
    No, no one here will help you (or your friend) purchase a firearm if they are prohibited by law from doing so. You (or your friend) should hire an attorney who is well versed in firearms law to do this.

    My next tip, please learn to speak/write English before trolling our forum.
    i was on my cell phone when i had post this....not trying to been an a$$ ..not going to said nothing

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    Quote Originally Posted by MAC702 View Post
    The state is irrelevant. It is a federal law (the Lautenberg Act) that broke several other laws, including the Constitution) when it removed the right to own firearms from those convicted for domestic violence at any point in their past. It was interesting to see how many cops lost their job because of this, though.
    o ok ..hell i will be picking up my gun next Monday..yea boy

    But he did not use any physical force, or threatened use of a deadly weapon....and one day in jail no fine


    Edit: He had no anger management classes, he did community service, and no informal probation .

    will keep looking

    cya
    Last edited by Sp0k; 03-08-2013 at 12:12 PM.

  6. #6
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    The first step would be to read and understand the relevant federal statute:

    http://codes.lp.findlaw.com/uscode/18/I/44/922

    18 U.S.C. 922(g)(9)



    g) It shall be unlawful for any person -
    (1) who has been convicted in any court of, a crime punishable
    by imprisonment for a term exceeding one year;
    (2) who is a fugitive from justice;
    (3) who is an unlawful user of or addicted to any controlled
    substance (as defined in section 102 of the Controlled Substances
    Act (21 U.S.C. 802));
    (4) who has been adjudicated as a mental defective or who has
    been committed to a mental institution;
    (5) who, being an alien -
    (A) is illegally or unlawfully in the United States; or
    (B) except as provided in subsection (y)(2), has been
    admitted to the United States under a nonimmigrant visa (as
    that term is defined in section 101(a)(26) of the Immigration
    and Nationality Act (8 U.S.C. 1101(a)(26)));
    (6) who has been discharged from the Armed Forces under
    dishonorable conditions;
    (7) who, having been a citizen of the United States, has
    renounced his citizenship;
    (8) who is subject to a court order that -
    (A) was issued after a hearing of which such person received
    actual notice, and at which such person had an opportunity to
    participate;
    (B) restrains such person from harassing, stalking, or
    threatening an intimate partner of such person or child of such
    intimate partner or person, or engaging in other conduct that
    would place an intimate partner in reasonable fear of bodily
    injury to the partner or child; and
    (C)(i) includes a finding that such person represents a
    credible threat to the physical safety of such intimate partner
    or child; or
    (ii) by its terms explicitly prohibits the use, attempted
    use, or threatened use of physical force against such intimate
    partner or child that would reasonably be expected to cause
    bodily injury; or
    (9) who has been convicted in any court of a misdemeanor crime
    of domestic violence,
    to ship or transport in interstate or foreign commerce, or 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.
    ...




    http://www.recordclearing.org/learn-...nt-gun-rights/
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Tell him to engage an attorney and get the record expunged. If successful, he would no longer be a 'prohibited person'.

    mbogo

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    Quote Originally Posted by Sp0k View Post
    Hey all i have a frend ask me the other day and buying a gun..i side ok what you need to know...he said if he can get a gun with a domestic violence in Nevada..i said i dont know..ok guys the DV is about 11yrs old ..so i told him i will find out...

    Can anyone help me on this

    ty
    With a domestic violence conviction, he can still legally buy and open carry an antique firearm but he will not be eligible for a concealed firearm permit. Nevada state law prohibits felons from owning firearms, and antique firearms are considered firearms under NV law. But Nevada state law is silent on gun ownership by persons convicted of misdimeanor of domestic violence. Federal law prohibits possession of modern firearms by persons convicted of misdemeanor of domestic violence but specifically states that antique firearms are not considered firearms for the purpose of the federal rules.

    In my opinion, a Remington 1858 would make a decent defense weapon. The single action trigger mechanism is the main limitation, but it can still fire very rapidly and spare cylinders can be inserted quickly.

    Some of the laws I have summarized here: http://armsinfo.com/nevada/#restricted

    Expunging may be the best option and would allow modern firearms, but a cap and ball revolver is much better than no gun.
    Last edited by Felid`Maximus; 03-08-2013 at 02:36 PM.

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    Generally speaking, I'm pretty sure a DV conviction would get him federally banned for life from a firearm purchase - he would likely have to get the record expunged through a petition with the courts. Best thing would be to talk to an attorney. No one would help him buy a gun, that is illegal.

    Even if state laws may allow purchase after 10 years or whatever, federal laws would kick in after that and he'd still be barred from the purchase in the federal background check. Also, this is assuming there were no other convictions in the meantime.

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    Under Lautenberg, it doesn't matter what he was actually charged with or convicted of, or what the sentence was. All that matters are the elements of the offense, which means no one can answer the question without knowing all the details of what happened.

    Someone who gets a $250 fine for disturbing the peace is not a prohibited person.

    Someone who gets a $250 fine for disturbing the peace because he was screaming threats against a family member, is a prohibited person.

  11. #11
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    I have done limited work with Travis B. ESQ. regarding these things.

    • Getting your record expunged does not overturn a conviction.

    • Getting a "Pardon" does erase a conviction.

    • If you have a conviction for DV you are prohibited.


    The reason this Gentleman got no Jail time, fine Etc. is because they had no evidence to prove. (Iam reading into this but I suspect your friend he had means to put up at least a modest defense. so they offered him a "sweet deal." he has been punished, and received due process because he plead! NEVER TAKE A PLEA!

    Travis works very close with the Pardon board FYI

  12. #12
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    In Nevada, after 7 years you can get the record expunged. I know someone that has a DV and the judge told them that after the 7 year period if they got it expunged then they could buy a gun.

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    Quote Originally Posted by renoglock22 View Post
    In Nevada, after 7 years you can get the record expunged. I know someone that has a DV and the judge told them that after the 7 year period if they got it expunged then they could buy a gun.
    The judge should be sanctioned for giving "legal advice," in my opinion. The reason the Judge told him that, is to make him feel better about ditching his rights for the convenience of the Court.

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    Nevada no longer allows a record to be expunged, they can be sealed though. If you were convicted of DV then it's a no go, If you were arrested but not convicted of DV then it may be another story. Like the others have suggested, contact an attorney and have at least a few thousand dollars to spend.

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    Question 11. i. on form 4473:

    Have you ever been convicted in any court of a misdemeanor crime of domestic violence?
    http://www.atf.gov/forms/download/atf-f-4473-1.pdf

    Seems fairly simple to me.

    Ken

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    Being arrested does not count. You can be investigated or arrested, but until you are found guilty and convicted, you are innocent, as if it never happened. I know a guy who was arrested and charged with assault because of a vindictive wife that claimed her husband hit her. All in an effort to get a better divorce settlement. He didn't do it, the judge saw through it, and found him not guilty.

    The problem lies with people who misunderstand the question and in trying to answer truthfully, give the incorrect answer.
    Hoka hey

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    Quote Originally Posted by DON`T TREAD ON ME View Post
    The judge should be sanctioned for giving "legal advice," in my opinion. The reason the Judge told him that, is to make him feel better about ditching his rights for the convenience of the Court.
    That's not "legal advice." That is advising the defendant of the extent of his penalty.

    We don't know if the judge told him that prior to a plea, or after conviction (as part of the passing of sentence), but it still doesn't matter. Judges are not barred from offering non-specific advice (for instance, in a civil case in which I was plaintiff, the judge took a recess and suggested that we discuss settlement, noting that "I haven't made my decision, but I am inclined toward the plaintiff"). They are also not barred from detailing the possible penalties and remedies -- in fact, in a plea deal, they are REQUIRED to do so, to verify that the defendant is aware of the consequences of his plea (judges are also not required to accept the plea).

    What a judge MAY NOT do is suggest which plea the defendant should make. A judge MAY say "if this is tried as a felony, the penalty could be _____, if tried as a misdemeanor, the penalty may be _______, if you wish you plead guilty to this as a misdemeanor, I am prepared to pass sentence _______." The defendant still has his choice, the judge is only providing information -- and a judge will rarely go even that far, unless the defendant specifically asks what his options are AND is representing himself. Otherwise, the answer is "would you like a moment to discuss this with your attorney?"

    An officer of the court also may offer a carrot -- for instance, if you were stopped for speeding (BELOW the criminal level, usually 10 or 15 MPH over posted limit), with, say, an insurance or registration violation, a call to the court clerk might bring a suggestion that contacting the County Attorney might result in a refusal to prosecute the speed if you want to send in payment for the other violation. This BYPASSES the judge, because there is no court appearance. It's a win for everyone, because it saves the time and money for the court, the prosecutor, the cop and you, to try a case that you're going to lose. This is especially common in "highway" jurisdictions, where most citations are of people passing through, and don't want to drive all the way back on the off chance that they'll beat the ticket.

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    Quote Originally Posted by CowboyKen View Post
    Question 11. i. on form 4473:


    http://www.atf.gov/forms/download/atf-f-4473-1.pdf

    Seems fairly simple to me.

    Ken
    If your rights have been restored, you have been pardoned or the conviction has been vacated in any other way (such as expunged or juvenile-to-adult rollover), you may answer that question "No."

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    Quote Originally Posted by FallonJeeper View Post
    Being arrested does not count. You can be investigated or arrested, but until you are found guilty and convicted, you are innocent, as if it never happened.
    This is true for purposes of this discussion, but you should know that it is NOT true as far as crossing the border into Canada. The Canadian government access US ARREST records, but not DISPOSITION records. Thus, an arrest and booking for any crime on their list (DV, weapons-related, etc), even if you were a juvenile, will keep you from entering Canada, even if it was nol prossed. If you have some reason to want to go there, you need to get a copy of the full record to show them or may be turned back at the border.

  20. #20
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    Quote Originally Posted by CowboyKen View Post
    Question 11. i. on form 4473:


    http://www.atf.gov/forms/download/atf-f-4473-1.pdf

    Seems fairly simple to me.

    Ken
    It helps when people read the instructions, which for this question are found on the lower right of Page 4.

    I repeat what I said above: it doesn't matter what the crime is called, it a "domestic violence" if the person convicted used or threatened physical force or a deadly weapon. It could be a trespassing conviction, but if it was borne out of using or threatening physical violence or a deadly weapon, it is a "domestic violence" conviction.

  21. #21
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    Quote Originally Posted by KBCraig View Post
    It helps when people read the instructions, which for this question are found on the lower right of Page 4.

    I repeat what I said above: it doesn't matter what the crime is called, it a "domestic violence" if the person convicted used or threatened physical force or a deadly weapon. It could be a trespassing conviction, but if it was borne out of using or threatening physical violence or a deadly weapon, it is a "domestic violence" conviction.
    Nope. It helps when people read the instructions fully.

    "if the offense is committed by one of the defined parties. "

    A 'trespassing conviction' does not fit the 'committed by one of the defined parties' of a domestic violence situation.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Quote Originally Posted by DVC View Post
    This is true for purposes of this discussion, but you should know that it is NOT true as far as crossing the border into Canada. The Canadian government access US ARREST records, but not DISPOSITION records. Thus, an arrest and booking for any crime on their list (DV, weapons-related, etc), even if you were a juvenile, will keep you from entering Canada, even if it was nol prossed. If you have some reason to want to go there, you need to get a copy of the full record to show them or may be turned back at the border.
    Canada wasn't always that strict. I used to live on the border, and made frequent trips to Canada. But I will say it's been at least 10 years since I was there. Never had anybody check my background for arrests or prosecutions. They would just ask citizenship and where we were going and what we were going to do. It was actually more of a hassle coming back to the US.
    Last edited by FallonJeeper; 03-10-2013 at 12:51 AM.
    Hoka hey

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    Quote Originally Posted by FallonJeeper View Post
    Canada wasn't always that strict. I used to live on the border, and made frequent trips to Canada. But I will say it's been at least 10 years since I was there. Never had anybody check my background for arrests or prosecutions. They would just ask citizenship and where we were going and what we were going to do. It was actually more of a hassle coming back to the US.
    They randomly run those checks, and not so randomly on vehicles from states which are gun-friendly. There was an article about this a while back, where someone was pulled in for the "random" check because of his Utah license ("another Mormon!"), then denied entry to Canada because of an arrest 30 years before, which was nol prossed -- they demanded that he bring PROOF that he was never convicted!

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    Thanks all ..we will look into this on monday...i got his papers right here and there is no where it says ... threatened physical force or a deadly weapon.

    Will keep you guys up to date with this one

    ty
    sp0k

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    NRS 202.360  Ownership or possession of firearm by certain persons prohibited; penalties.

    1.  A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:

    (a) Has been convicted of a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;
    I see nothing in there for DV. Doesn't mean anything, Just did not see it.

    There is however prohibition of a CCW permit ZFor a conviction of DV, NRS 202.3657

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