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If someone was charged 2 counts of battery domestic violence…

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If someone...

If someone was charged 2 counts of battery domestic violence 25 years ago can he purchase a gun in the state of fla and and this was hisfirst time in trouble with the law and he serverd only probation

Lawyer's Assistant: What was the conviction for exactly? Have all appeals been exhausted?

There was no trial and only one case

Lawyer's Assistant: In what state did this occur?

Fla

Submitted: 6 months ago.Category: Criminal Law
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Answered in 4 hours by:
12/24/2017
Criminal Lawyer: James Daloisio, Lawyer replied 6 months ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 736
Experience: 30 years experience in criminal law, continuing education.
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Hi, my name is ***** ***** welcome to Just Answer.

You haven't indicated whether the offenses were felonies or misdemeanors, but for our purposes it won't make a difference. Under federal law, any offense involving domestic violence permanently bars a person from owning, using, or possessing any firearm or ammunition. (18 U.S.C. 922(g)(9).) Under Florida law, in order to be eligible to own or possess a firearm and ammunition, you have to be eligible under the federal law.

This particular section of the law is known as the "Lautenberg Amendment" and was passed back in 1996; however, even if your conviction was before the date the law went into effect, it still applies to you.

This law is presently under scrutiny by the Trump administration and there may be some good news in the future, but as of right now you are not able to purchase a firearm.

Please don't forget to rate this answer, and thank you for using Just Answer.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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