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PC242 can I purchase or own a fire arm? I plead gulty and…

Customer Question
PC242 can I purchase...

PC242 can I purchase or own a fire arm?

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

I plead gulty and have completed angermagement course now im just paying off fines

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

CA

Submitted: 3 months ago.Category: Criminal Law
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Answered in 46 minutes by:
3/25/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,426
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Was this a domestic battery? What was your relationship to the alleged victim?

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago

Unfortunately, if your battery conforms to the Federal definition of a crime of domestic violence, a conviction will cost you your state and Federal gun rights. Because of the violence against Women Act and the Lautenberg Amendment, the loss of your Federal life is for life unless/until the law changes. That means you have no right to have anything to do with a firearm at this point of time and through the indefinite future.

Accordiing to 18 USC 921, the Federal definitions used for their firearm statutes, a misdemeanor of domestic violence is one that:

"(i)

is a misdemeanor under Federal, State, or Tribal [3] law; and

(ii)

has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim."

__

So if the victim of this battery conforms to the Federal definition, you have no gun rights.

If it doesn't and there is no protective order currently in effect and your case is closed, you would still have your rights under state and federal law.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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