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Misdemeanor Crime

J

Jim40Cal

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Sep 15, 2009
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Independence, Missouri, USA
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....
 
L

LMTD

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Jim40Cal said:
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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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.
 
mspgunner

mspgunner

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Dang, you are good. Jim posted this many places, this is the best answer I've seen.


LMTD said:
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.
Click to expand...
 
skidmark

skidmark

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Valhalla
Thanks to the Lautenberg Amendment http://en.wikipedia.org/wiki/Domestic_Violence_Offender_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/foia_reading_room/usam/title9/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.
 
Redbaron007

Redbaron007

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Sep 10, 2011
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SW MO
Jim40Cal said:
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....
Click to expand...

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.
 
Redbaron007

Redbaron007

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SW MO
skidmark said:
Thanks to the Lautenberg Amendment http://en.wikipedia.org/wiki/Domestic_Violence_Offender_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/foia_reading_room/usam/title9/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.
Click to expand...

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.
 
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