prohibited person question

[tl_3237]

I don't know either but it wasn't in Pennsylvania, it was Missourri. He said that the sheriff showed up at his house and said that they were reviewing old cases and that he couldn't own guns anymore.

If he/they are still in MO he/they might want to check on the legality of possession.

A cursory view of MO's statutes show that DV can occur between brothers when they are household members (MO Ch 455) but MO's definition is not dispositive with regards to Federal prohibitions.

In addition, unless there was a underlying felony conviction, I don't see any prohibitory language in MO's Ch 571.

[customloaded]

The Lautenberg DV amendment restricted the Federal prohibition to DVs between specific relationships.

As I indicated previously, a state defined DV (like GA's ) between two brothers is NOT Federally prohibiting unless a guardianship relationship exists between the two (see post #14). The Federal definition of “misdemeanor crime of domestic violence” does not, except for very unusual circumstances, apply to battling siblings.

Even if the brothers were in GA, I don't believe they would be prohibited under GA or Federal law unless the underlying crime was a felony.

That's what it appears to say, now, tell that to 65 different criminal justice systems with all kinds of different case law which changes everything.

I hear ya and I agree but there is reality and how it's done. Don't think for one minute the women sitting behind a computer who was beat by an X and now works for the system imputing court cases into a database etc...People are assholes, and I find government workers to be the worst.

CL

[customloaded]

The OP clearly said the domestic violence issue was with a former spouse. Not a roommate or bunkmate. So I'm not sure why you decided to jump all over that guy.

I'll give you that my tone can be rougher than need be but the point had to do with education and how each state defines laws different. Perhaps the guy was a straight up wife beaten asshole. But then again, she could have lied or maybe she stepped up like a man and got what any man would get if they stepped up to fight.

CL

[bug]

Never loose sight of the fact that the devil lurks in section 11c of the 4473.

[tl_3237]

Never loose sight of the fact that the devil lurks in section 11c of the 4473.

Please expound....

[bug]

Please expound....

Conviction of a state misdemeanor with a max sentence greater than 2 yr will prohibit you. This will vary state to state. In PA a first conviction for drag racing or DUI carried a max of 3 yr prior to (I believe) 1976. I'm not sure exactly when they changed the code. Many folks got a hard lesson in 1998 (Brady II) Nics/Pics.

Even the 4473 wording can confuse. They state max of 1 year than except for State Misdemeanor to 2 years.

[tl_3237]

Conviction of a state misdemeanor with a max sentence greater than 2 yr will prohibit you. This will vary state to state. In PA a first conviction for drag racing or DUI carried a max of 3 yr prior to (I believe) 1976. I'm not sure exactly when they changed the code. Many folks got a hard lesson in 1998 (Brady II) Nics/Pics.

Even the 4473 wording can confuse. They state max of 1 year than except for State Misdemeanor to 2 years.

The unfortunate wording of 11c is a directly attributable to the wording of the Federal law:

18 USC 921(a)(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include-

(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

Note that this twist of words is aptly spelled out bolded in the instructions on page 4 of the 4473 (Apr 2012):

this does not include State misdemeanors punishable by imprisonment of two years or less

and further each transferee signs that he has "read and understand" said instructions.