Domestic Violence and Guns?

[338Shooter]

I know a couple who's marriage has been on the rocks. Well, recently it got to fisticuffs and the dude went to jail. He got out the next day and went to get some stuff from the house and the police wouldn't let him take his guns. I can understand this as he's now got a VPO against him. I was talking about it with my wife and we were wondering if the conviction (he admitted hitting her so pretty much guaranteed and he is charged with misdemeanor domestic violence) would bar him from ever owning a gun again legally. I know he won't meet the qualifications of question 11 i on the 4473, but does that mean he can't by from a dealer or does it mean that he can't own a gun period?

 

[ignerntbend]

He shouldn't be stripped of his rights forever, but let him cool off awhile. Don't hit a woman. PERIOD

 

[dieseltech09]

Could be wrong but I think Felons are the only ones who cant own guns

 

[reddog1]

He wont be getting a concealed carry for a spell, thats probably fo-sho.

 

[lump]

new guns might be an issue for him.

from the 447
Have you been convicted in any court of a misdemeanor crime of domestic violence?

 

[redmax51]

Could be wrong but I think Felons are the only ones who cant own guns

He wont be getting a concealed carry for a spell, thats probably fo-sho.

Both are correct.

 

[penismightier]

It is illegal if convicted AND:

1. the defendant must have been represented by counsel, or knowingly and intelligently waived the right to counsel; and

2. if right to trial by jury existed, either waived that right or been convicted by jury.

 

[Roadking Larry]

See: Lautenberg Amendment

 

[penismightier]

Both are correct.

Might want to check again


Here is what the Federal Statute says:


Person prohibited

1. Convicted Felons
2. Fugitives from Justice
3. Unlawful user or addict of controlled substance
4. An individual who has been adjudicated a mental defective or who has been committed to a mental institution
5. An illegal alien or non-permanent resident alien, unless given special permission to carry a firearm
6. Anyone who has been dishonorably discharged from the armed forces
7. Anyone who has renounced citizenship to the US
8. Anyone subject to a court order restraining him from harassing, stalking, or threatening an intimate partner, or child of such intimate partner.
9. Anyone convicted of misdemeanor crime of domestic violence

 

[vvvvvvv]

Could be wrong but I think Felons are the only ones who cant own guns

A domestic violence misdemeanor will bar you from owning or being in possession of guns just like a felony.

The reasoning that it is upheld is that victims are supposedly more likely to come forward without fear of attaching the social stigma of "felony" to their so-called "loved one". This supposedly furthers the "important governmental objective" of "preventing armed mayhem."

The 7th Circuit recently upheld the ban in United States v. Skoien, citing Heller's interpretation that "...the Second Amendment creates individual rights, one of which is keeping operable hand-guns at home for self-defense. What other entitlements the Second Amendment creates, and what regulations legislatures may establish, were left open. The opinion is not a comprehensive code; it is just an explanation for the Court’s disposition." It also cites the "longstanding prohibitions" exception from Heller (later affirmed in McDonald).

The 7th Circuit concluded with an analogy to requiring sex offenders to register and limiting where they may choose to live.

In the 8th Circuit case of United States v. Jardee, the court asserted that a lifetime ban on possession of firearms is a less severe punishment than a temporary suspension of a driver's license.