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Thread: Buying a handgun with DV charge

  1. #1
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    I have a buddy who has a domestic violence charge from more than 10 years ago. Maybe even more like 20. In another state. Should this prevent him from being able to buy a handgun? He has no other charges since. He said the state of NC would allow him to buy a shotgun but not a handgun. Anyone know about VA?

  2. #2
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    Federal law applies: USC: Title 18, Section 922

    First point is

    (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—

    (9) has been convicted in any court of a misdemeanor crime of domestic violence.
    Second point, same Title, further down:

    (g) It shall be unlawful for any person—

    (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.
    Unfortunately, your friend is defined as a "prohibited person."
    I believe his only hope is to get the record stricken, and to get removed from the NICS list.

    Any VA law simply makes it more difficult. The prohibition is at the federal level. Thank Mr. Brady and his bunch.


    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  3. #3
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    beradcee wrote:
    I have a buddy who has a domestic violence charge from more than 10 years ago. Maybe even more like 20. In another state. Should this prevent him from being able to buy a handgun? He has no other charges since. He said the state of NC would allow him to buy a shotgun but not a handgun. Anyone know about VA?
    Charge or conviction? If conviction, did the underlying statute violated speak to the domestic relationship as an element of the offense? If no, then there is hope as the U.S. S. Ct. is widely expected to narrow the reach of the federal gun disability for misdemeanor crimes of domestic violence, see http://www.oyez.org/cases/2000-2009/2008/2008_07_608.

  4. #4
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    Mike wrote:
    beradcee wrote:
    I have a buddy who has a domestic violence charge from more than 10 years ago. Maybe even more like 20. In another state. Should this prevent him from being able to buy a handgun? He has no other charges since. He said the state of NC would allow him to buy a shotgun but not a handgun. Anyone know about VA?
    Charge or conviction? If conviction, did the underlying statute violated speak to the domestic relationship as an element fo the offense? If no, then there is hope as the U.S. S. Ct. is widely expected to naroow the reach of the federal gun disability for misdemeanor crimes of domestic violence, see http://www.oyez.org/cases/2000-2009/2008/2008_07_608.
    Aha! I missed the "charge" portion. A conviction is covered by Brady, but if there is no conviction, there should be no prohibition.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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