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Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 544
Experience:  Attorney at Law Offices of Khaled Issa
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I have a question regarding the federal ban convictions. I

Customer Question

I have a question regarding the federal ban for MCDV convictions. I have a prior misdemeanor state conviction for Violation Of Court Order (Factual Basis: Domestic Violence). That protective order has since been vacated. Although my conviction is misdemeanor domestic violence at the State level, would it qualify under the Federal definition of MCDV as it pertains to the firearm ban? Thank you.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 5 months ago.
Good morning: My name is ***** ***** I would be happy to provide general information regarding your question. The federal firearms prohibition for those convicted of a misdemeanor domestic violence offense applies to convictions occurring in both federal court and state court. The pertinent statute here is 18 U.S.C. 922 (g)(9) (a link to the law is provided here: ) The wording is a conviction in any court. Courts have upheld this provision to apply equally to both federal level domestic violence offenses (which are usually rare because there is often no federal jurisdictional hook for misdemeanor domestic violence offenses) along with state domestic violence offenses. So to answer your question: yes, a conviction in state court for a misdemeanor domestic violence offense would prohibit you from possessing a firearm under federal law. If you have any questions based on this, please ask. If not, please remember that experts here are not employees of JustAnswer and do not get credited for taking the time to assisting individuals with their question until they click ACCEPT and rate the assistance provided. Your cooperation would be appreciated!
Customer: replied 5 months ago.
That is correct. However, not every state-level conviction for domestic violence qualifies for the federal MCDV statute. For example, a domestic violence harassment or disorderly conduct conviction does not have "as an element, the use or attempted use of physical force or threatened use of a deadly weapon". A state conviction for such an offense would not meet the spcific criteria for "FORCE" as stated in the second prong of the federal statue, correct?