DOMESTIC VIOLENCE QUESTION(case docket included)

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Jbags091992
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by Jbags091992 »

speedsterguy wrote:If you read the lautinburg act, and the clear description of what the domestic violence law states. Its the relationship between the two parties that matters. I have a friend that went through nearly the same situation (father and son fight) After talking to several lawyers he took it upon himself to look deep into the law books online. He hired a attorney and went before the court to ask for a relief of disability of firearm ownership. The judge as well as the prosecutor found that his DV charge did not disallow firearm ownership. The court went onto grant him a relief anyway. His attorney armed with the court order contacted the BCI as well as the ATF. His conviction did not ban him from owning a firearm under federal law. The BCI and the ATF do not ban him from owning a firearm due to the DV conviction because it does not fall into the guidelines of the lautinberg act


Pursuant to the amendment, a misdemeanor conviction triggers the firearm possession prohibition only if the underlying offense includes an element requiring proof of the use or attempted use of physical force, or the threatened use of a deadly weapon against the victim.6 The offender must be a current or former spouse, parent, or guardian of the victim; a person with whom the victim shares a child; a person with whom the victim has cohabitated or is cohabitating as a spouse, parent, or guardian; or a person “similarly situated” to a spouse, parent, or guardian of the victim.7 This provision appears to cover an exhaustive range of domestic relationships, except that the text prevents children from being classified as offenders in the event that they commit a misdemeanor offense against a parent or guardian. The Bureau of Alcohol, Tobacco and Firearms (BATF) has clarified the language of the statute, stating that it covers common law marriages, irrespective of whether the relationship is recognized under state law, and situations where two persons share a domicile in an

He was so worried that he lived in fear of being not able to own a firearm. After the court hearing he went with his attorney to a gun store and filled out the background check paperwork. the cleak told him it was under review, not denied and not a proceed at that point . He received a call the next day that he had a proceed from the background check. He now has purchased a few guns, joined a shooting club, joined the NRA, and even got his CHL


PLEASE PLEASE Look into this . He is not banned from firearm ownership. Get a attorney and have him look at the laws. This guy is not a wife beater and probably not a bad person. Before this young man gives up, look into this like my friend did
Wow thanks man, sorry I didn't see this sooner everyone else kind of discouraged me. Like you said, I'm not a bad person, I partied a lot when I was younger and learned from my troubles, could you send me your email so we can talk a little more.
speedsterguy
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by speedsterguy »

I don't know how to message you privately Im not sure how to contact you? I would like to talk to you? Can you message me your contact information
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schmieg
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by schmieg »

speedsterguy wrote:I don't know how to message you privately Im not sure how to contact you? I would like to talk to you? Can you message me your contact information
Once you have five posts on the forums, you can send and receive private messages.
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Jbags091992
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by Jbags091992 »

hey email me {email addresses are not permitted in the open forum, private message is one way to exchange contact info-sabalo}
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schmieg
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by schmieg »

speedsterguy wrote:I don't know how to message you privately Im not sure how to contact you? I would like to talk to you? Can you message me your contact information
Hit the PM button, under the person's name and avatar, that you wish to contact.
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lionsfan
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by lionsfan »

I'm not a lawyer, but speedsterguy might be right regarding the DV charge.

From The law center to prevent gun violence,
"The current federal prohibitions also do not address violence against family members other than a child or intimate partner, such as an abused sibling or parent."

http://smartgunlaws.org/gun-laws/policy ... -firearms/" onclick="window.open(this.href);return false;
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Werz
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by Werz »

lionsfan wrote:I'm not a lawyer, but speedsterguy might be right regarding the DV charge.

From The law center to prevent gun violence,
"The current federal prohibitions also do not address violence against family members other than a child or intimate partner, such as an abused sibling or parent."

http://smartgunlaws.org/gun-laws/policy ... -firearms/" onclick="window.open(this.href);return false;
That does resolve the federal and state disability. It does not resolve the CHL disqualifier. Relief from disability under R.C. 2923.14 may help with that; In re Mullins, 2015-Ohio-2743, and In re Reed, 2015-Ohio-2742, in the Ohio Third Appellate District say it will, but In re Application of Wells, 2015-Ohio-2606, in the Ohio Eleventh Appellate District says that it will not, although Colleen O'Toole dissented.
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bsctov
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by bsctov »

So many people misunderstand the MCDV disability. The relationship between parties means everything. Sibling on sibling cases or child on parent do not disqualify gun ownership. Parent vs child does however..or if the parties are "similarly situated" i.e.. older brother had custody of the younger one and beat him.
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