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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23176
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have two disorderly conducts can I still purchase a fire

Customer Question

I have two disorderly conducts can I still purchase a fire arm to hunt
JA: The Criminal Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: Thay where domestic no weapon of kind was used
JA: Anything else I can tell the Criminal Lawyer before I connect you two?
Customer: I live in wisconsin
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and connect you two.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.
Hello, The problem here, if any, will be with the Federal government, depending upon what you admitted to in court as part of your plea allocution and/or whether what you were convicted of conforms to the Federal definition of a misdemeanor of domestic violence. The Federal government has their own definition of a misdemeanor crime of domestic violence, and if what you pled guilty to conforms to that definition, you lost your Federal gun rights and would be unable to possess or own or have anything to do with a firearm. Worse yet, because of the Violence against Women Act and the Lautenberg Amendment, that bar against your Federal rights is a lifetiime bar unless there is new Federal legislation in this area. The definition of a domestic violence offense under Federal law is found in 18 USC 921 in subsection 33 which says: "the term misdemeanor crime of domestic violence means an offense that;(i) is a misdemeanor under Federal, State, or Tribal law; and(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim." So to recap, if when you took your disorderly conduct plea, you admitted to facts which would make out the Federal definition above, you have no gun rights. If it doesn't, you should be able to purchase a firearm or successfully appeal a denial.