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if I am guilty a misdemeanor DV I can not possess a gun. My

Customer Question
girlfriend wants to take me...
if I am guilty a misdemeanor DV I can not possess a gun. My girlfriend wants to take me hunting, she owns a gun, can I accompany her if I dont shoot or hold the rifle?
Submitted: 8 years ago.Category: Criminal Law
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Answered in 3 hours by:
11/1/2009
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,759
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Sorry, but no you cannot. If you are found close enough to a gun to take custody and control over it, that would be enough to constitute constructive possession. If you've lost your gun rights, the only safe way to proceed is to avoid being around them altogether.

_____

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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,759
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 8 years ago
would the laws be the same in Wa vs NY?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 years ago
According to RCW 9.41.040, it would be unlawful for you to "own, have in his your possession, or have in your control any firearm.

That means that if the gun were somewhere that you could easily take it and use it, you could be convicted of the offense. Just being around guns where they are openly used within your reach could subject you to arrest. Traveling in a car, in which guns are present could potentially subject you to an arrest if you were stopped for any reason.

It would then become a question of fact for the jury to decide whether you had possession and/or control over the firearm.

I understand the point you want me to see. But you could be arrested and charged, even if you could possibly be acquitted of the offense at trial down the road.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
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Customer reply replied 8 years ago
Thanks for the follow up, I am truly very appreciative of your time. Are you by chance NJ Bar?
I have felonious arrests I need expunged in NJ. If you know of a good expungment lawyer I'd like to talk to someone.

So, other basic questions, I'd love to hear from you on..;
Would having a misdemeanor DV in Washington in 2009 stop me from expunging a felony conviction
from 1995 in NJ?

My current Dv conviction of Misdemeanor Dv is supposed to go away (is that 'set aside') in a year if I am good..does when that happen, can I then be whole with my rights or will it follow me forever as an arrest?

How about in a few years, I think its 5, can I expunge the DV and if so can I then have my rights back or do I need a local lawyer to petition my rights?

And lastly, does a state restoring your rights/offering expungement ie, removing the 'conviction' of a felony as in my case, see below, does it restor my rights to hunt?

We feed our dogs raw diet, we are avid outdoorsmen types, we want to be able to carry a longarm for protection in the backwoods and be able t hunt legally, we fish.

My Background:
My felony:It was either simple assault or T-Threats. I was in my 20's, and wrong place wrong time.

The recent DV was one where she did not press charges actually asked the cops to leave that we were just having an argument but they wouldnt..it was the township vs me.

At the time, I had another 'issue' a friend had left a roach in my ashtray also in 2008 and so I had that on my head-misdemeanor possession of MJ, so I took the deal to downgrade their original DV charge to a misdemeanor, as going to trial and such could have 'upset' my other case. I am seeing a local lawyer this week about trying top appeal the DV Misdemeanor charge I took on without realizing that this is treated as badly as any felony with regards XXXXX XXXXX and many jobs
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 years ago
Customer

I am licensed to practice in NYS. However, even if I were admitted to the NJ bar, the terms of JustAnswer do not allow for customer and expert to exchange information that would enable us to communicate off site, even for the purpose of securing representation.

I can direct you to the NJ State Bar Association Lawyer Referral Service if you need to find a NJ lawyer and you presently know of none. They offer a one-shot, low cost, half-hour consultation and there's no obligation to retain him after that. The good thing about going through the Bar is that they keep their cost of the first interview down -- free in some states but generally under $50 in the rest of them. They also screen their referrals and licence lawyers in their state so that you can be sure that anyone they send you to is an active member of the bar in good standing. There is a similar service in just about every state, so I have linked you to the home page.

You didn't mention a NJ felony in your first post. You should know, however, that it follows you and would prevent you from having gun rights in Washington too. Washington law stipulates that an out of state violent felony which would be a violent felony in Washington as well, or an out of state conviction which would be classified as a serious offense would make it unlawful for you to possess a weapon. That's likely true everywhere in the US and would also be a bar to your being able to purchase a firerm or your obtaining a carry permit anywhere you went.

You've got a lot to sort out here, in several different arenas, and all of this, if do-able, is going to be time consuming and probably expensive. Being eligible for expungement is not always equivalent to getting your firearms rights restored. I have read that NJ will not restore gun rights, but I have been unable to document that anywhere officially.

The local lawyer you are meeting with should be able to address the order in which you take all of this on and the likelihood -- or not -- of your chances of over all succeess.

Good luck!

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

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