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Thread: Revocation of gun rights for domestic violence?

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    Regular Member UtahJarhead's Avatar
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    Revocation of gun rights for domestic violence?

    My brother lives in Ohio. He's had a conviction of domestic violence laid against him. He said when he got the original 'order', there was a clause that stated when he could petition the courts to have his gun rights restored. Does anybody here know what that time frame is? Does it depend on the exact charge?

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    Exclamation

    To be honest I do not know exactly and would advise him to speak to an attorney who specializes in firearm cases. I would say he would have to have a clear record of improvement before most judges would ever consider it, AGAIN this is my personal opine that if this was a recent innocent(1-3 years) a judge may not think enough time has passed to shows he has changed his ways.
    Last edited by zack991; 06-28-2010 at 08:39 PM.

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    IANAL, so take this with a grain of salt. But it's my understanding there is a federal law that prohibits a person w/ a DV conviction from owning or handling a firearm. Because it's a federal law, it's the law in every state. I have never heard of a way to get around it, unfortunately.

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    Quote Originally Posted by Ohio Patriot View Post
    IANAL, so take this with a grain of salt. But it's my understanding there is a federal law that prohibits a person w/ a DV conviction from owning or handling a firearm. Because it's a federal law, it's the law in every state. I have never heard of a way to get around it, unfortunately.
    Wasn't there a ruling recently where the exact terms of the federal statute had to be met for there to be a federal disability? Something about some states' statutes categorizing an offense as DV for state purposes when in fact the federal characteristics for DV disability had not been met? I'm too foggy on this issue.

    Call a lawyer or google around to find a thread to follow to find out the law, and then call a lawyer

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    Regular Member UtahJarhead's Avatar
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    Thanks for the replies you guys!

    Thanks a ton for the replies. It really does seem that his recourse is to speak to a lawyer. It's been probably a decade since the DV and there has been no further criminal activity on his part, but it's up to a judge I guess to determine if he hasn't screwed up TOO bad.

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    Citizen is correct.

    Here is a link to the 4th Circuit decision: http://pacer.ca4.uscourts.gov/opinion.pdf/094084.U.pdf

    UtahJarhead, have your brother pass it along to his lawyer. Also have him try for an expungment of the incident.

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