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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33067
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Chief ***** *****,
, If a veteran is convicted of a

Customer Question

Customer: Chief ***** *****,
JA: Thanks. Can you give me any more details about your issue?
Customer: If a veteran is convicted of a simple assault, and called back to active duty service, Will he be allowed to handle weapons on that civilian conviction and is it expungable?
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Military Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Yes, I am..
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Submitted: 11 months ago.
Category: Military Law
Customer: replied 11 months ago.
The state is Tennessee. It is an aggravated assault case In which I am innocent, but can't prove it. My lawyer says he is going to get it dropped. if not completely but to a simple assault charge.
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Can you tell me, are you a reservist? If not, why do you expect to be recalled?

Customer: replied 11 months ago.
Nope not a reservist, but a hypothetical question of what if I do get recalled because of special skills I posses.
Expert:  P. Simmons replied 11 months ago.

Thank you

IF you are convicted of a misdemeanor domestic violence charge, the Lautenberg Amendment would prevent you from possessing a handgun.

For this reason, if you are convicted, it is unlikely they will recall (since they would be able to see the conviction before the made a decision to recall)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 11 months ago.
I know what the latenberg Act covers. But that's for a Domestic violence charge. I'm referring to a simple Assault. Rather the charge was dropped from a domestic violence to a simple assault or if is was a simple assault on another citizen. Not a spouse or girlfriend.
Expert:  P. Simmons replied 11 months ago.

Thanks

What you are describing, simple assault, would not limit your ability to serve. That is a misdemeanor charge, and would not impact recall.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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