Friday, December 10, 2010

Conviction for Misdemeanor Battery Domestic Violence = NO GUNS

Pursuant to federal law, if you are convicted of a misdemeanor crime of domestic violence, it is unlawful to possess a firearm.  For some people, this is the worst of many consequences (i.e. enhancability, long term counseling, jail time, cost) of a conviction for domestic violence, especially if you are or would like to become a member of law enforcement or the armed forces.  The law states:

(g) It shall be unlawful for any person--
   (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
   (2) who is a fugitive from justice;
   (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
   (4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
   (5) who, being an alien--
      (A) is illegally or unlawfully in the United States; or
      (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
   (6) who has been discharged from the Armed Forces under dishonorable conditions;
   (7) who, having been a citizen of the United States, has renounced his citizenship;
   (8) who is subject to a court order that--
      (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
      (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
      (C) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
         (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
   (9) who has been convicted in any court of a misdemeanor crime of domestic violence,
 to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
18 USCS § 922

If you are charged with misdemeanor crime involving domestic violence and you want to preserve your ability to legally possess firearms, you must not be convicted of a crime of domestic violence, misdemeanor or felony.  Whether aviodance of the conviction comes from a negotiation to a lesser offense or a not guilty verdict at trial, your best chance to keep your right to legally possess firearms is to retain a counselor who will dedicate enough time and energy to present the best defenses in your case.

If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.