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Is this true?
CORREN
Member Posts: 466 ✭✭✭
I heard a rumor that there is a gun law that went through stating that, If you have ever been convicted of a domestic violence crime, you loose your gun rights for life. I also heard that this law is retro-active. Has anyone else heard anything about this? Just want to know if there is any truth to it? Also another question, did this law apply only to felonies or does it include misdomeanors too?
Comments
Fact.
A Federal law..and just one more example of rampant disregard..no,contempt..for the Constitution..by your elected representitives.
Also don't remember the extent of this law.I believe that merely being issued a restraining order is enough for them to take your guns...some one may be along that has the data at their fingertips...
God,Guts,& Guns<BR>Have we lost all 3 ??<BR>
http://www.vaw.umn.edu/documents/ffc/chapter5/chapter5.html#id74018
Possession of Firearm After Conviction of Misdemeanor Crime of Domestic Violence, 18 U.S.C. § 922(g)(9)
As of September 30, 1996, it is illegal to possess a firearm after conviction of a misdemeanor crime of domestic violence. This prohibition applies to persons convicted of such misdemeanors at any time, even if the conviction occurred prior to the new law's effective date. A qualifying misdemeanor domestic violence crime must have as an element the use or attempted use of physical force or the threatened use of a deadly weapon. For example, a conviction for a misdemeanor violation of a protection order will not qualify, even if the violation was committed by a violent act, if the statute does not require the use or attempted use of physical force or the threatened use of a deadly weapon. The U. S. Attorney's Office can determine which misdemeanor convictions qualify.
In addition, the statute contains due process requirements regarding counsel and jury trials. Absent compliance with these due process requirements, the misdemeanor conviction will not qualify as a domestic violence conviction for purposes of Section 922(g)(9). Moreover, a person may be able to possess a firearm if the conviction has been expunged or set aside.
Transfer of Firearm to Person Convicted of a Misdemeanor Crime of Domestic Violence
Yes, misdemeanors are included.
How far does it go back?
If you have EVER been convicted.
http://www.atf.treas.gov/firearms/domestic/qa.htm
http://www.letswrap.com/legal/firearms.htm
The gene pool needs chlorine.
In regards to fairness of a law that punishes people for actions taken BEFORE the law even took effect, how many times in the history of our country has such a law been passed that goes back in time and punishes you for before the law passed?
Kinda like spitting on the sidewalk when there is no law against it. Next day anti-spitting on sidewalk law passed and made retroactive. Cop who observed you spit on sidewalk yesterday comes to your house and writes you a ticket for spitting on the sidewalk yesterday, when there was no law against it.
Or better yet, kinda like the IRS arresting you for tax evasion on your 2003 income tax return. Even though you followed the law for that year, this year the law was changed and made RETROACTIVE so now they go back and charge you with violating income tax law on past returns.
With this type of unfair law, there is no end to the mischeif the government can do to us.
Quote "Somehow government decided that the Constitutional Bill of Rights has become the Bill of "Suggested" Rights and are to be rationed to the citizens as the power elite sees fit"
Why not try to buy a gun and see if you get rejected. When you try to get it taken off without knowing if you are in the system might get you put into the system. I think there is a question on the form about domestic abuse. If it asks if you EVER had a misdemeanor domestic abuse, tell the truth. A lie on the form is a whole new set of problems.
They DEPEND on you to give them power and credence by begging them to obey the Constitution....
Disorderly conduct. MANADATORY ARREST. Mandatory booking. Mandatory 72 Hour No-contact order (unless victim signs-off) Fine: $200 plus costs. Penalty: No future possession of firearms and surrender of all currently possessed firearms.
Surrendered/seized firearms in Wisconsin must be turned over to the Department of Justice - Crime Lab. If they (Crime Lab) already have one in their vast collection they are destroyed.
"No Bill of Attainder or ex post facto Law shall be passed."
Call me naive, but it seems to me that any decent Constitutional lawyer could get this law struck down with relative ease.
Fitz
Death to Tyrants!!!
Lev 26:14-39
Those who would offer any interpretation that would relegate Amendment II to "relic" status of a bygone era are blatantly stating that the remainder of the Bill of Rights isn't worth a damn, either.
Luke 22:36.
"Followers of Christ, be armed."
Article I. Section 9 of the U.S. Constitution states:
"No Bill of Attainder or ex post facto Law shall be passed."
Call me naive, but it seems to me that any decent Constitutional lawyer could get this law struck down with relative ease.
Fitz
They already tried. The Supreme Court said the law was constitutional.
imay not know it all.....but at least I know that!
Title 18 USC 922(g)(9) - It shall be unlawful for any person 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.
It shall be unlawful for any person-
who is subject to a court order that-
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of * injury to the partner or child; and
(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause * injury;
That's because our Supreme Court has turned into a super legislation, capable of passing laws not passed by the majority, as our so-called "democracy" would have.
Do we all understand this, yet?
Death to Tyrants!!!
Lev 26:14-39
Those who would offer any interpretation that would relegate Amendment II to "relic" status of a bygone era are blatantly stating that the remainder of the Bill of Rights isn't worth a damn, either.
Luke 22:36.
"Followers of Christ, be armed."
Eric W. Stevens
Here in Michigan I went through a divorce, ugly, I found out some things via a mutual friend that I regurdgitated back to her. She said I was stalking her (which was not the case), anyway a PPO was taken out against me. I was an FFL dealer, the order made it so I could not purchase or sell any guns, nor could I transfer my inventory to myself which was the instructions I received from the BATF. So, 4 years later I am still sitting on inventory. I was tired of fighting and have not persued the issue although a State Police officer said that the ppo was a kooling off period and now I should be ok..I will be checking in the next few weeks. May not be of any help to you, just venting.
Eric W. Stevens
From what you describe, it seems like the government has provided, and your estranged (ex?) wife has found, a law that can be easily and legally used to cause great harm to any gun owner/dealer that an unethical and enraged spouse cares to cause to the other spouse.
And of course, with my opinion of some people in government, I doubt that anybody cares about this gross injustice but us gun rights proponents.
Here in Michigan I went through a divorce, ugly, I found out some things via a mutual friend that I regurdgitated back to her. She said I was stalking her (which was not the case), anyway a PPO was taken out against me. I was an FFL dealer, the order made it so I could not purchase or sell any guns, nor could I transfer my inventory to myself which was the instructions I received from the BATF. So, 4 years later I am still sitting on inventory. I was tired of fighting and have not persued the issue although a State Police officer said that the ppo was a kooling off period and now I should be ok..I will be checking in the next few weeks. May not be of any help to you, just venting.
Eric W. Stevens
Surely you had to have some sort of court hearing before the PPO was ordered. What did your attorney have to say? How did it go down?
I'm curious if anyone has encountered this as well. I assume that a domestic violence conviction is a felony, so therefore you would be a felon and, in my opinion, have lost your rights through due process of law.
Bubba41, I don't mean to pry, but were there any previous convictions in your situation? Did they actually seize your guns or only bar you from transfering them?
-WW
"...That the people have a right to keep and bear arms; that a well-regulated militia, composed of the body of the people trained to arms, is the proper, natural, and safe defence of a free state."
-The Debates in the Convention of the Commonwealth of Virginia, on the Adoption of the Federal Constitution. June 27, 1788.
-WW
"...That the people have a right to keep and bear arms; that a well-regulated militia, composed of the body of the people trained to arms, is the proper, natural, and safe defence of a free state."
-The Debates in the Convention of the Commonwealth of Virginia, on the Adoption of the Federal Constitution. June 27, 1788.