Misdemeaner Family Assault

BOBBYWINS

Just got a call from a guy I know that was convicted of this about
10-11 years ago.He mostly Bow hunts,but does have a few rifles and such and does a little buying and selling between freinds.He bought a gun at a pawn shop a while back,cleared the instant check like always and now the good ol' ATF is telling him that he cannot have any guns.
Is this correct?They told him that it went into effect (about)4 years ago.He's bought(and always cleared the instant check)many guns since his "incident" and never had a problem.Why now?

BW

PS.I know it won't matter,but this is a really good guy that got busted because his ex couldn't keep from falling on her fat * while they were having a "discussion".(She said he pushed her.)

IT'S WHAT PEOPLE KNOW ABOUT THEMSELVES THAT MAKES THEM AFRAID.

offeror

It used to be it had to be a felony, but I know they are now coming down hard on domestic violence. I don't know if this would be a state or a federal problem in your friend's case, but if it is truly the BATF who contacted him and not some state agency, I guess it must be a federal thing. I knew a guy who had a black belt rationalizing putting his ex-wife down on her front lawn, and he wound up in jail overnight. He was mainly concerned about getting bailed out so he wouldn't miss work. I told him I wouldn't loan him the $400 because he was missing the POINT. It's too bad this comes back to haunt him 10 years later, but since kindergarten we've all known it wasn't either polite or "manly" to hit, or push, girls. I'm not saying there aren't any false claims by vindictive exes, I know there are. But I'm in no position to holler that his rights are now being violated either because I don't know that she lied about the physical contact.

Since 50% of marriages now end in divorce, and most people get divorced because they are fighting, these he said-she saids are inevitable. There are no easy answers. In some states, LEOs are required to act on a report of domestic abuse. That means having a record. But it's just as easy to lie about child abuse these days. I don't have the answers, folks, but I do wish two adults who want a divorce would grow up and settle it with the truth, the whole truth, and nothing but the truth -- instead of debasing and shaming themselves by lying or hitting, either one. I have no respect for the liar OR the hitter. Even if it's "just a push." If you want to push, play football or something.

T. Jefferson: "[When doing Constitutional interpretation], let us [go] back to the time when [it] was adopted. [Rather than] invent a meaning [let us] conform to the probable one in which it was passed."

Life Member -

n/a

Here in Florida, if you have a conviction, or pending trial, or have a restraining order on ya,for domestic violence. they can come take your guns, and none can be sold to you.

Also I believe on the new application for firearm purchase, there is a block there that asks just that question.





"I dont care how thin you make a pancake, it still has two sides"

"A wise man is a man that realizes just how little he knows"

JustC

Not around here. If you have a misdeamor for domestic violence,....no guns,..ever.



why chase the game when the bullet can get em from here?....
Got Balistics?

Smokeeater 38

This is why in the marriage vows is the line about "Till death due us part" [}:)] [;)]





Get the job done and come home safe guys.

I rush in where others flee.

dongizmo

He's screwed,
The form 4473 will be considered (is) a federal affidavit, if he did not answer yes to #12, (I) he is guilty of perjury.
He should try to get his record expunged.
Don


Welcome to America...Now speak English.
````````````````````````
The ultimate result of shielding men from the effects of folly is to fill the world with fools.

RugerNiner

If the crime is a Misdemeanor where he could have recieved 1 year or more in jail then he can not own a gun. There are exceptions.
Domestic Violence is Not one of them.
They do ask you on the yellow 4473 form if you've been convicted of Domestic Violence.

I've been in Jail twice.
Once my sentence was up to 23 months.
I not only buy guns often, but I legally have a CCW.

http://www.atf.gov/forms/4473/

Check Out Number 12 (B), (H) and (I).


Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!
http://www.awbansunset.com/

benzapped

One of the secretaries where I work got into a yelling contest with her * husband one evening and the neighbors called the cops. When the officer arrived they were still going at it. Her husband said something very crude about one of her body-parts where the officer could hear it so she slapped him. The officer told her he was very sorry he saw her do that because it left him with no option but to arrest her. She was charged with and later convicted of domestic violence. That conviction will haunt her the rest of her life.

BOBBYWINS

Thanks for the replies.
I just saw the letter he got about a week ago and it is from BATF.
They called him tonight.

As far as whose telling the truth about "the incident".I wasn't there,but at one of my best freinds in the world(who has no reason to tell me anything but the truth,and knows it) was.During the course of their "discussion",the EX started pushing on him,and in the process wound up falling on her big fat butt.He never touched her.
Be that as it may,it has no bearing on what's happening now and can't be changed.

Can they go back to before the law changed and enforce this?
(this happened several years before the law changed)
Was this a "spot check" and he just got unlucky?

Any and all input is really appreciated.
BW

IT'S WHAT PEOPLE KNOW ABOUT THEMSELVES THAT MAKES THEM AFRAID.

RugerNiner

A governors pardon is not out of the question, but will be very difficult.


Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!
http://www.awbansunset.com/

benzapped

quote:Can they go back to before the law changed and enforce this?
(this happened several years before the law changed)

I think they can go back.

From what I understand, if you swat your child it falls in the category of domestic violence. So be careful who sees you do it.

p3skyking

quote:Originally posted by BOBBYWINS

Can they go back to before the law changed and enforce this?
(this happened several years before the law changed)
Was this a "spot check" and he just got unlucky?


Unfortunately, this is a retroactive law. I'm not sure of the legal ramification of making what was formaly a non-felony, non-gun related, charge into one, but lots of cops and GI's had to change jobs.

Can you believe it was mostly men who enacted this?

What men call a hero...is merely a man who is seen doing what a brave man does as a matter of course.
A man who is in love with learning is a man who is never without a bride, for there is always more. L'Amour

DancesWithSheep

I can see where conviction of certain misdemeanors and felonies may call into question the advisability of gun ownership on the part of those so convicted. Unfortunately, the law makes no distinction between these individuals and those convicted of, say, fraud or felony tax evasion. As regards the latter, I see no more sense in revoking the right to gun ownership than the right to operate a motor vehicle. What does one possibly have to do with the other? It also serves to say that, contrary to certain Constitutional thinkers, RKBA in this country is not a right at all, but rather a frail privilege.

Highball

"It also serves to say that, contrary to certain Constitutional thinkers, RKBA in this country is not a right at all, but rather a frail privilege."

Article 1,Section 9,Constitution of the United States of America;

No Bill of Attainder or Ex POST FACTO LAWS shall be passed.

Blacks Law Dictionary,5th edition;Ex Post Facto;
A law passed after the occurrence of a fact or commission of an act,which retrospectively changes the legal consequences or relations of such fact or deed.

When those in power ignore the laws of the land..EVERYTHING is a frail privilege.

bambihunter

I think there should be a time frame in which these automatically get removed from the record.
I fought a lot in my younger years and I'd hate to think that if I got into a fight (where both parties were involved, not a one-sided affair), then the loser calls the cops and viola I would have a record and can't own guns.
It can and does happen all the time.



I wonder if Americans are every gonna take America back...

allen griggs

You can thank Hillary and the big government feminists for this one.

Unbelieveble that an ex post facto law can be put into effect.

As was stated above, when this law went into effect, there were police officers and even Green Berets who lost their right to posess firearms, due to a Misdemeanor domestic violence conviction that had happened years earlier. In many cases, this was just an argument with no hitting involved. The cops got called, the guy was charged, and he pleaded guilty just to make it go away. At the time the misdemeanor conviction was meaningless.

This is the beginning phase of gun confiscation. The govt. every few years passes another law that makes another group unable to have guns.
You have the guy who cheated on his taxes, you have the guy who grew a few marijuana plants, you have the guy who argued with his wife.

Who will be next to lose gun rights? I think people with a drunk driving conviction had better watch out. They will make this law ex post facto as well. The point that it is illegal [unconstitutional] to make it ex post facto doesn't bother them.

BOBBYWINS

So,let me be sure I've got this straight.
His not being able to "own" a gun means that nobody in his household can own a gun(and keep it in the house).Right?Let's say I want to take him to my deer lease and let him use one of my guns.Is that a no no too?

Thanks,
BW

IT'S WHAT PEOPLE KNOW ABOUT THEMSELVES THAT MAKES THEM AFRAID.

p3skyking

quote:Originally posted by BOBBYWINS
So,let me be sure I've got this straight.
His not being able to "own" a gun means that nobody in his household can own a gun(and keep it in the house).Right?Let's say I want to take him to my deer lease and let him use one of my guns.Is that a no no too?

Thanks,
BW

IT'S WHAT PEOPLE KNOW ABOUT THEMSELVES THAT MAKES THEM AFRAID.


Yeah, anyone who knowingly gives a weapon to a prohibited person is guilty of a "crime". Down here, as long as you are really hunting, only the dickheads call in for a 28/29 check.

If you have a prohibited person in your house, it is difficult to own a weapon and be able to prove the person does not have access to it. It can be done though.

What men call a hero...is merely a man who is seen doing what a brave man does as a matter of course.
A man who is in love with learning is a man who is never without a bride, for there is always more. L'Amour

gunpaq

If you want to keep your gun rights then stay away from women. Here in PA a male may be arrested and charged with domestic violence if the woman merely perceives a threat (direct, indirect, implied or perceived) and files a complaint. When separations and divorces are in the process it is not uncommon for the woman to be advised by her attorney or women's support group to file a complaint of domestic violence against the spouse so that there will be a more favorable settlement and/or the women does it on her own will for vengence or out of craziness.

I went through the process ten years ago and had my record expunged for $$$$$$$$$$$$$$$$$$$$$$$$$, my carry permit and gun rights restored and most all my guns returned in various stages of deterioration except for the ones the cops wanted for their personal collection.
Men, you do not have a friend in Pennsylvania when it comes to your rights in domestic issues..........................just try to enforce a visitation or custody order or defend yourself against a false carge of domestic violence, stalking or intimidation.

Sorry for going off.

Pack slow, fall stable, pull high, hit dead center.

Don't fly the river!

allen griggs

Gordon Liddy says that, as a convicted felon, he has no firearms.
But, he says, Mrs. Liddy has a whole bunch of them.
Mrs. Liddy has a safe in their house that she keeps all her guns in. Only Mrs. Liddy knows the combination. Since Mr. Liddy "doesn't know the combination" he is not in posession of the guns.
I know that sounds shaky but I have heard him more than once say that was the deal. He is a former lawyer so I guess he looked it up.

dakotashooter2

As good intentioned as they appear to be the the domestic violence laws are heavily loaded in favor of the woman. In the event of a perceived threat the man is going to lose. A woman could start a fight (don't they always), slap the he!! out of a guy and even if he never touches her because men are viewed as the stronger sex the man loses.

Highball

Quibbling over the details of the gov. ignoring the Constitution is tatamount to fussing about a raindrop on your hair as you are swept over Niagra Falls...

Kinda cute....really...

God,Guts,& GunsHave we lost all 3 ??