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LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Family Law
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Can I get my FOID card back I had a misdemeanor domestic violatio

Customer Question

Can I get my FOID card back? I had a misdemeanor domestic violation Nov. 1999, I grabbed a ladies arm, no weapon was involved. I haven't even had a parking ticket since. I made a mistake when I was young and have to pay for the rest of my life? I served in the Marine Corps and work everyday and pay my taxes. I went through the states domestic violence program and received a certificate September 2000. I just want to hunt, which I miss dearly. I hope someone can tell me what I need to do. Thank you
Submitted: 4 years ago.
Category: Family Law
Expert:  LawHelpNow replied 4 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with criminal law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. I would be glad to interact with you further if needed after you click "Accept" to process my answer.
  2. Unfortunately I do not have encouraging news to share. I do not mean to sound discouraging, but my primary aim is to be upfront and realistic about how the law operates in such cases. This type of matter is governed by some important federal considerations. A federal law, the Domestic Violence Offender Gun Ban ("Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence", Pub.L. 104-208, 18 U.S.C. § 922(g)(9)), was an amendment to the Omnibus Consolidated Appropriations Act of 1997 enacted by the 104th United States Congress in 1996. The Act is often referred to as "the Lautenberg Amendment" after its sponsor, Senator Frank Lautenberg. The Act bans shipment, transport, ownership and use of guns or ammunition by individuals convicted of misdemeanor or felony domestic violence, or who is under a restraining (protection) order for domestic abuse. The Act also makes it unlawful to knowingly sell or give a firearm or ammunition to such person.
  3. This law has been litigated in numerous judicial forums and has consistently withstood appellate scrutiny. In other words, the botXXXXX XXXXXne answer to your question is "No". You could contact the Illinois State Police Firearms Services Bureau at(NNN) NNN-NNNN but they will tell you the same thing. In fact, this prohibition even applies to police officers and those serving in the armed forces (military).

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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