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Assault Charges--What rights do I lose?

mhansonmhanson Member Posts: 79 ✭✭
edited February 2002 in General Discussion
Son-in-law recently got in a scuffle in MN, police arrested and locked up for the night. Now he's going to court and is wondering how 5th degree assault on his record will affect his rights to buy/own guns, also ability to buy hunting licenses in future. Any response to this would be greatly appreciated![This message has been edited by mhanson (edited 02-11-2002).]
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Comments

  • PelicanPelican Member Posts: 1,061 ✭✭✭✭
    edited November -1
    Only if it is a felony where he lives as far the the fed's are concerned. State and local ord's can be different.
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  • William81William81 Member Posts: 25,342 ✭✭✭✭
    edited November -1
    Each State has different laws. If this is a Felony and he is convicted, his rights will be curbed greatly. He may already have bond conditions that prohibit the possession of a firearm now. Regardless of the level of the offense, If convicted and placed under the supervison of the court, (Probation, Conditional Discharge or Court Supervision) he would likely be ordered to not possess a firearm during the term he is under the Court's supervision.Again, the laws very greatly from State to State. Good Luck
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  • Big Sky RedneckBig Sky Redneck Member Posts: 19,752 ✭✭✭
    edited November -1
    federal law states if you are convicted of a felony or a misdemeanor where a sentence of more than 1 year in jail is imposed you lose your rights to own guns.
    If you want my guns you will have to kill me first. I was born free and to take that from me you better be ready to fight.
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  • Gordian BladeGordian Blade Member Posts: 1,202 ✭✭✭✭✭
    edited November -1
    I read somewhere that the law allows for loss of the right to own a firearm if convicted of a felony or any misdemeanor where the penalty could have been a year in jail or more, even if a lesser penalty was imposed. There apparently is also no statute of limitation, so that a misdemeanor as you describe that happened in 1965 which could have carried a one-year sentence counts to deny gun rights today if the police check and find out. Could anyone verify or debunk this?
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  • Big Sky RedneckBig Sky Redneck Member Posts: 19,752 ✭✭✭
    edited November -1
    There has been a couple of news stories in the last few months where gun owners was visited bye the ATF and had guns confiscated for small charges years ago, one was over a fella that got into an argument with a neighbor, the neighbor called the cops. quite a few years later he lost his guns over it. Have not heard any legal outcomes over it yet.
    If you want my guns you will have to kill me first. I was born free and to take that from me you better be ready to fight.
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  • RickRick Member Posts: 25 ✭✭
    edited November -1
    Actually it is a year and a day. See 9c on the 4473. "Have you been convicted in any court of a crime for which the judge could imprison you for more than one year, even if the judge actually gave you a shorter sentence?"Same time frame applies to 9b relating to being under indictment.Oh yes, exception to time frame of year and a day is 9k, a conviction of domestic violence.[This message has been edited by Rick (edited 02-11-2002).]
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  • mudgemudge Member Posts: 4,225 ✭✭
    edited November -1
    It's my understanding that, in SOME cases, you can have the conviction expunged after a certain period of time. Check with a lawyer. Sorry, don't know any more than that. Had a federal problem back in 1958 that was dismissed but is still on the books in Albuquerque. Gives me a bit of a problem sometimes but as soon as I produce the dismissal papers, everything's OK.Mudge the innocent
    I can't come to work today. The voices said, STAY HOME AND CLEAN THE GUNS!
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  • gunpaqgunpaq Member Posts: 4,607 ✭✭
    edited November -1
    My neighbor who is a township supervisor and was the township cop twenty years ago was shocked to learn he was a prohibited from owning firearms last year when he went to purchase a turkey gun. It seems that while he was in the army thirty years ago he was arrested, with other guys, in a brawl off base. Although not charged with a felony nor sentenced to do time it was an offense that could carry a sentence over one year and is now a something degree felony - at the time he and his buddies all paid a $50 fine and went on their way the following day. His wife and kids own all his guns now. Some Pennsylvania politicians are trying to get the gun laws changed because of this type case. You may be a felon and not know it. Also a warning to you Romeos and guys married to crazy women, a false complaint of a threat or abuse will eliminate your gun rights in PA for good unless you spend the money to clear your record. God help us if Ed Rendell is our next governer for he will probably take our guns if we get a traffic ticket or go to small claims court.
    Pack slow, fall stable, pull high, hit dead center.
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  • XracerXracer Member Posts: 1,990 ✭
    edited November -1
    In MN, 5th Degree Assault is usually plea bargained down to Disorderly Conduct....a misdemeanor.
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