user
Accomplished Advocate
Agree, suggest also taking a look at: Johnson v. United States , 559 U.S. ___ 086925 (2010). Similar issues arising under same principles as to Florida law.
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Se. Herring's bill to make Va. a Lautenberg state to be heard on 24 FEB 2012
- Thread starter Mike
- Start date
Agree, suggest also taking a look at: Johnson v. United States , 559 U.S. ___ 086925 (2010). Similar issues arising under same principles as to Florida law.
Mike
Site Co-Founder
The White court left the door open to using the "warrant" to deep dive into the threat/use of actual force particulars. The "warrant" is the record of the conviction in District Court.
In the White case the only info availble was the warrant from J and D court. However, they can look at more than the warrant to determine force. The judges final order and the transcipts can be used to determine force. Pictures and other forms of evidence are not allowed to determine force. I got this info from Richard Gardnier.....should be correct
Mike
Site Co-Founder
Except that in District Court the final order is the warrant - there would generally not be any transcript - that's why it's called a court not of record.
See discussion on this issue in White at http://pacer.ca4.uscourts.gov/opinion.pdf/094114.P.pdf
SNIP
"General district courts in Virginia are courts not of record, VA CODE ANN. § 16.1-69.5, so the only record of the charges, trial, conviction and sentence is the executed warrant of arrest as executed by the trial judge. As to the facts of White’s offense, all that is known is the date, August 25, 2004, and that the charge is "assault and batter[y] of [victim] (child in common), who is a family or household member."
Pentalpha
New member
So, can you join the army if convicted of assault and battery against a family member?
Welcome to OCDO. Go to www.vcdl.org and at least sign up for the VA-ALERT free email newsletter if you are not going to join right now. (We will talk about when you will join later
) Reserve MLK Day to join us at the General Assembly uilding for Lobby Day. Check the stickies at the top of this section for announcements about the Greater Richmond OC Breakfast (most Saturday mornings) and the OC Dinners (usually the 2nd Tuesday of the month). Come out and join us.As to your question - you may be asking it in a manner that does not answer what you might be wanting to know. Folks convicted of a Lautenburg offense may still possess/handle firearms for and during work if doing so is an essential element of the job*. You need to check with a recruiter to see what the Army's current opinion is of people who beat family members - some days they are cool wit' dat and other days they are not**.
stay safe.
* http://en.wikipedia.org/wiki/Domestic_Violence_Offender_Gun_Ban Speller v. Virginia said a cop can still carry while on the job. I can't pull up the Va Court of Appeals decision to see if that was a protective order issue or something else.
**
It seems that misdemeanor domestic violence will keep someone from joining the Army.
Pentalpha
New member
Welcome to OCDO. Go to www.vcdl.org and at least sign up for the VA-ALERT free email newsletter if you are not going to join right now. (We will talk about when you will join later
As to your question - you may be asking it in a manner that does not answer what you might be wanting to know. Folks convicted of a Lautenburg offense may still possess/handle firearms for and during work if doing so is an essential element of the job*. You need to check with a recruiter to see what the Army's current opinion is of people who beat family members - some days they are cool wit' dat and other days they are not**.
stay safe.
* http://en.wikipedia.org/wiki/Domestic_Violence_Offender_Gun_Ban Speller v. Virginia said a cop can still carry while on the job. I can't pull up the Va Court of Appeals decision to see if that was a protective order issue or something else.
**
It seems that misdemeanor domestic violence will keep someone from joining the Army.
If Virginia is not a Lautenberg state, then that would mean you could join?! Am I correct?
Correct. If you were convicted of 18.2-57.2 chances are you can both purchase and own a firearm. Do yourself a favor and call 5403472430 this is the number to Dan Hawes who is an expert on this very subject. Most people on the forum have no clue what they are talking about on this topic. I had a 25 min conversation with Mr Hawes and Richard Gardiner about this very topic. Feel free to send me a private message with your number and I'll pass on what I know. You do need to join the vcdl without them I'd be lost on this topic. Bottom line you should be able to join the army but you may need Hawes or Gardiner to educate the recruiter. Good Luck
The times are a changing, huh Skid.
Back in the 60's, judges gave the choice in most jailable misdemeanors, "Your choice...go to jail or go in the Army".:lol:
Now it's "We don't want violent people to fight in the new Action Army".:lol::lol:
Marco
Regular Member
Actually iirc, that practiced continued until the mid 80's.I was station with quite a few folks on that enlistment plan.
However, nowadays known/active gangbangers are welcomed, go figure.
.
Pentalpha
New member
Thanks, I'm gonna try and enlist. If they say no, then I guess I'll refer them to Mr. Hawes.
onegvtec
New member
Couple questions pertaining to 18.2-57.2
So, is there anyone out there who has tried to purchase a firearm since US v White? Where there any problems? I am a reservist in the US armed forces convicted under 18.2-57.2 in 2001 (plead an alfred because my court appointed lawyer explained the law to me and seeing that what I did did fall under unwanted contact assumed the court would find guilt), should I say yes or no when asked on DOD forms if I have a misdemeanor of domestic violence? The first time it has ever come up is on a recent "deployability questionaire" that I had to fill out (I checked yes and I'm awaiting my fate), otherwise i've kind of slid through the cracks without ever having to handle weapons or answer such questions. I just found out about US v White and think I need to keep a copy of it in my back pocket or something as I feel my case falls in this federal vs state gray area. Anyway, any opinion is appreciated.
So, is there anyone out there who has tried to purchase a firearm since US v White? Where there any problems? I am a reservist in the US armed forces convicted under 18.2-57.2 in 2001 (plead an alfred because my court appointed lawyer explained the law to me and seeing that what I did did fall under unwanted contact assumed the court would find guilt), should I say yes or no when asked on DOD forms if I have a misdemeanor of domestic violence? The first time it has ever come up is on a recent "deployability questionaire" that I had to fill out (I checked yes and I'm awaiting my fate), otherwise i've kind of slid through the cracks without ever having to handle weapons or answer such questions. I just found out about US v White and think I need to keep a copy of it in my back pocket or something as I feel my case falls in this federal vs state gray area. Anyway, any opinion is appreciated.
onegvtec
New member
also
it seems to me that VA is amending the current law, not writing a new law... if they change the law will it affect those that are protected by US v White?
it seems to me that VA is amending the current law, not writing a new law... if they change the law will it affect those that are protected by US v White?
Send me a private message and I can inform you about how united states v white pertains to your situation. I have purchased many guns since untied States v white. I can pass any FFL background check in the state and have. I've spoken with both Dan Hawes and Richard Gardiner about this and I'LL be more than happy to share with you what I learned
Any new law or subsection will only affect those convicted under that subsection. Those under united states v white will not be affected