DOMESTIC VIOLENCE QUESTION(case docket included)

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Jbags091992
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DOMESTIC VIOLENCE QUESTION(case docket included)

Post by Jbags091992 »

Ok so on 01/06/2012 I was arrested and later plead guilty to an assault and domestic violence both M1s. It was between me and my father, we were both severely intoxicated and we got into a fight. Now every forum and law I read basically says that a conviction of a Domestic Violence automatically disqualifies you from owning or possessing a firearm, now I'm not sure if my situation automatically. disables me because it was a drunk fight between a son and his father,and me and him are on good terms to this day, and it's not like I was beating my wife and abusing my kids, so is my situation different? And also I think that I read somewhere that unless the judge specifically states at sentencing that I will not allowed to be in possession of or own a firearm, then I am good, that it shouldn't trigger the federal government from stepping in when I apply for a CCW, here is my case docket info, again I'm sure I'm beating a dead horse here but I cannot for the life of me find a straight answer for my situation. Thanks again you guys and hopefully this will not bar me from protecting myself my home and my family for life. And for the record I completed my probation and classes successfully.

DEFENDANT IN COURT WITH COUNSEL DAVID L GRANT. PROSECUTING ATTORNEY MOLLIE MURPHY PRESENT. COURT REPORTER PRESENT. DEFENDANT FULLY ADVISED IN OPEN COURT OF HIS/HER CONSTITUTIONAL RIGHTS AND PENALTIES. ON RECOMMENDATION OF PROSECUTOR COUNT(S) 2 IS/ARE AMENDED TO ASSAULT 2903.13 A M1. DEFENDANT RETRACTS FORMER PLEA OF NOT GUILTY AND ENTERS A PLEA OF GUILTY TO ASSAULT 2903.13 A M1 AS AMENDED IN COUNT(S) 2 OF THE INDICTMENT. DEFENDANT RETRACTS FORMER PLEA OF NOT GUILTY AND ENTERS A PLEA OF GUILTY TO DOMESTIC VIOLENCE 2919.25 A M1 AS CHARGED IN COUNT(S) 4 OF THE INDICTMENT. COUNT(S) 1, 3 IS/ARE NOLLED. COURT ACCEPTS DEFENDANT'S GUILTY PLEA. THE COURT CONSIDERED ALL REQUIRED FACTORS OF THE LAW. IT IS NOW ORDERED AND ADJUDGED THAT SAID DEFENDANT JOSEPH BEGOVIC,JR, IS SENTENCED TO THE CUYAHOGA COUNTY JAIL FOR A TERM OF 6 MONTH(S). 6 MONTHS ON EACH COUNT. EXECUTION OF SENTENCE SUSPENDED. DEFENDANT TO SERVE 1 YEAR(S) PROBATION. THE DEFENDANT IS ORDERED TO REPORT TO THE PROBATION DEPARTMENT. DEFENDANT TO ABIDE BY THE RULES AND REGULATIONS OF THE PROBATION DEPARTMENT. COURT ORDERS DEFENDANT TO BE SUPERVISED BY: REGULAR SUPERVISION UNIT THE DOMESTIC VIOLENCE UNIT DEFENDANT TO PERFORM COURT COMMUNITY WORK SERVICE FOR 20 HOURS. SUBMIT TO RANDOM DRUG TESTING ATTEND AA/NA/CA MEETINGS, 2 PER WEEK, PROVIDE PROOF OF MEETINGS TO THE SUPERVISING OFFICER. RANDOM ALCOHOL TESTING. SUPERVISION FEES TO BE PAID AT A RATE OF $20.00 A MONTH. THE COURT HEREBY ENTERS JUDGMENT AGAINST THE DEFENDANT IN AN AMOUNT EQUAL TO THE COSTS OF THIS PROSECUTION. 02/27/2012 CPEDB 03/01/2012 10:16:44
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pirateguy191
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by pirateguy191 »

I'm fairly positive domestic violence against a family is a disqualifier for an Ohio CHL.
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by JustaShooter »

Domestic Violence is a Federal disqualifier for firearm and ammunition possession, regardless of the sentencing instructions given by the judge. Likewise, it is an automatic disqualifier for a CHL in Ohio. From ORC 2923.125 (D)(1)(s)

http://codes.ohio.gov/orc/2923.125" onclick="window.open(this.href);return false;
(s) The applicant has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of section 2919.25 of the Revised Code or a similar violation in another state.
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Jbags091992
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by Jbags091992 »

What about the motion to relief disability option?
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by djthomas »

The fact that you were drunk is irrelevant as is the fact that you're on good terms today. The fact that he is your father is entirely relevant. Sorry. You would have been better off getting into a drunken brawl with your neighbor.
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pirateguy191
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by pirateguy191 »

Jbags091992 wrote:What about the motion to relief disability option?
Seek a lawyer.
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Jbags091992
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by Jbags091992 »

So am I even legally allowed to own a gun and keep it in my home?
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by robbo »

Probably what you didnt want to hear, but Justashooter, DJThomas, and Pirateguy have your answers
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OhioPaints
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by OhioPaints »

Jbags091992 wrote:So am I even legally allowed to own a gun and keep it in my home?
The "Lautenberg Amendment" prohibited firearm possession to people convicted (or pleaded) to domestic violence, even misdemeanor with no physical contact (just yelling at a spouse, for example) . It was retroactive. Someone who took the advice "go ahead and plead guilty, it's only a $30 fine and less cost and hassle than fighting it, it's only a misdemeanor". Well when Lautenberg was passed, that became a major issue. Even cops lost their jobs because of 20 year old minor misdemeanor.

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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by JustaShooter »

Jbags091992 wrote:So am I even legally allowed to own a gun and keep it in my home?
No. OhioPaints spells it out. You probably need to talk with a lawyer about what your options are regarding getting your record sealed and your rights restored.
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by techguy85 »

In the meantime, if you do possess any firearms or ammunition, I would make sure those are given to someone for safe keeping until you resolve this situation. And for heaven's sake, please don't tell us if you do or don't, just take care of it if it is in fact an issue for you.
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by pirateguy191 »

techguy85 wrote:In the meantime, if you do possess any firearms or ammunition, I would make sure those are given to someone for safe keeping until you resolve this situation. And for heaven's sake, please don't tell us if you do or don't, just take care of it if it is in fact an issue for you.
^^^^ What he said. If you're close enough, I'd be glad to hang on to them for you.
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by soontobedeity »

His 2014 conviction for attempted drug possession would also disqualify the OP from obtaining an Ohio CHL, I believe: Cuyahoga County Court Records.
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pirateguy191
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by pirateguy191 »

soontobedeity wrote:His 2014 conviction for attempted drug possession would also disqualify the OP from obtaining an Ohio CHL, I believe: Cuyahoga County Court Records.
Oooof.
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Re: DOMESTIC VIOLENCE QUESTION(case docket included)

Post by speedsterguy »

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
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