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Thread: Misdemeanor Crime

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    Misdemeanor Crime

    I have a friend who has a Misdemeanor Crime of Domestic Violence charge against him and it happened over twenty years ago down in Warrensberg, Mo. Does anyone know if this would stop him from getting a ccw or maybe getting the charge dropped? He has no other charges on his record. Thanks....

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    Quote Originally Posted by Jim40Cal View Post
    I have a friend who has a Misdemeanor Crime of Domestic Violence charge against him and it happened over twenty years ago down in Warrensberg, Mo. Does anyone know if this would stop him from getting a ccw or maybe getting the charge dropped? He has no other charges on his record. Thanks....
    If it carries a penalty of one year or more it will, he did not have to be sentenced to a full year, the crime only need have that as an option.

    Was he actually charged or did he just have a restraining order? if he was charged and plead guilty or was found guilty he is likely out of luck.

    It will also likely matter if he was charged by the state or a municipality. Muni's usually do not have penalties over one year.

    It might also actually depend upon what the law was back then, it might be over one year now but was not back then, the domestic violence laws have been evolving quite a bit over the last three decades.

    He is more than likely going to only qualify for an oos permit.
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    Regular Member mspgunner's Avatar
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    Dang, you are good. Jim posted this many places, this is the best answer I've seen.


    Quote Originally Posted by LMTD View Post
    If it carries a penalty of one year or more it will, he did not have to be sentenced to a full year, the crime only need have that as an option.

    Was he actually charged or did he just have a restraining order? if he was charged and plead guilty or was found guilty he is likely out of luck.

    It will also likely matter if he was charged by the state or a municipality. Muni's usually do not have penalties over one year.

    It might also actually depend upon what the law was back then, it might be over one year now but was not back then, the domestic violence laws have been evolving quite a bit over the last three decades.

    He is more than likely going to only qualify for an oos permit.
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    Campaign Veteran skidmark's Avatar
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    Thanks to the Lautenberg Amendment http://en.wikipedia.org/wiki/Domesti...fender_Gun_Ban if your friend was convicted of misdemeanor domestic violence he has been a prohibited person since 1997 - whether he knew it or not.

    There is one "out" possible - if he was not represented by counsel or did not knowingly waive his right to counsel. See Limitations at http://www.justice.gov/usao/eousa/fo...9/crm01117.htm

    He should consult a criminal defense attorney with some experience in this area or the willingness to consult with someone who knows this area of the law. He should also keep his mouth shut about anything to do with firearms until his attorney has advised him where he legally stands.

    stay safe.
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    Regular Member Redbaron007's Avatar
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    Quote Originally Posted by Jim40Cal View Post
    I have a friend who has a Misdemeanor Crime of Domestic Violence charge against him and it happened over twenty years ago down in Warrensberg, Mo. Does anyone know if this would stop him from getting a ccw or maybe getting the charge dropped? He has no other charges on his record. Thanks....
    Here is the MO statute: http://www.moga.mo.gov/statutes/C500-599/5710000101.HTM

    Go to 571.101.2(4).....my recommendation, they need to pull the charges....see what they are.....then consult an attorney...or if they have the ability to cipher the info, do that.

    Just from the statute, a ccw is possible, depending on how/what the charges are. Still more questions.
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    Regular Member Redbaron007's Avatar
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    Quote Originally Posted by skidmark View Post
    Thanks to the Lautenberg Amendment http://en.wikipedia.org/wiki/Domesti...fender_Gun_Ban if your friend was convicted of misdemeanor domestic violence he has been a prohibited person since 1997 - whether he knew it or not.

    There is one "out" possible - if he was not represented by counsel or did not knowingly waive his right to counsel. See Limitations at http://www.justice.gov/usao/eousa/fo...9/crm01117.htm

    He should consult a criminal defense attorney with some experience in this area or the willingness to consult with someone who knows this area of the law. He should also keep his mouth shut about anything to do with firearms until his attorney has advised him where he legally stands.

    stay safe.
    He is from a ownership standpoint. However, in MO, he could still be eligible for a CCW; although, not for a firearm, but for potentially other weapons.
    "I can live for two weeks on a good compliment."
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