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Federal "Domestic Violence" Law to be Clarified?

C

CX7

New member
Joined
Oct 4, 2013
Messages
4
Location
chesapeake
user said:
Thing to do is to first get a copy of your criminal record from the VSP ($15 plus the request form off their website), and then write a letter to the person at the VSP/Dept. Criminal Justice Services who handles this stuff (don't remember the name off the top of my head), asserting that there's an error in the database that needs to be fixed, and the factual basis for that assertion (e.g., "I was convicted of assault on a family member in the J&DR Ct in Gumbo County six years ago; my record is otherwise clean, and I have never been convicted of a misdemeanor crime of domestic violence"; or "There is no record of any such conviction"). If they won't fix it, then an action for declaratory judgment is in order.

It is best to have an attorney write the letter for you, since you're apt to say something you shouldn't not knowing the legal niceties. I, myself, don't do the restoration of rights stuff anymore, got too busy with litigation, but I have a guy working with me who does: August McCarthy - 540 222 6216.

IMPORTANT: WHY YOU SHOULD NOT GO TO BUY A GUN FROM A DEALER UNTIL YOU GET THIS FIXED: Although it would be perfectly legal for a person with a Virginia conviction for misdemeanor assault on a family member (absent a record of actual force and violence) to go fill out the Virginia and federal background check forms, if the background check comes back saying, "denied", the clerk in the store will tell you they're still waiting for a response while the VSP troopers come to arrest you. You will have a good defense, but that won't make the three days in jail any cozier while you wait to get bonded out, and then have to pay me the big bucks to argue the case. Much better not to get arrested.

Here's some case names and excerpts from a final order entered in the Richmond Circuit Court on such a declaratory judgment action:

United States v. White, 606 F.3d 144 (4th Cir. 2010)
United States v. Alston, 611 F.3d 219 (4th Cir. 2010)
Johnson v. United States, 559 U.S. ___ 086925 (2010)

"Modified Categorical Approach" to analysis of such issues:

United States v. Clay, 627 F.3d 959 (4th Cir. 2010)
United States v. Vann, 620 F.3d 431 (4th Cir. 2010)
Click to expand...

Heres a question Mr Hawes,
Once the VSP deem you eligible and make the correction is it permanent? I'm assuming the scotus would have to overturn United states v white is that correct?
Thanks
 
nuc65

nuc65

Activist Member
Joined
Nov 22, 2009
Messages
1,121
Location
Lynchburg, Virginia, USA
I am going to guess that this works fine in VA. However, if you take up residence in another state you will no longer be dealing with VA state police instead you will be dealing with the Federal firearms transactions center (FTC NICS?). In dealing with the federal level you may need to repeat this before you attempt to purchase a handgun, if it is a part of your federal record. It may also come into play if you attempt to purchase a rifle or shotgun out of state, which I think you can do without being a resident.

I wonder if a UFIN was issued? If it was then at the federal level outside of VA you will probably need a UPIN (I think that is the acronym used).
 
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