People are finding out the hard way that if they plead no contest or guilty to and assault enhanced with a family violence finding can no longer possess a firearm or ammunition. Be sure what the law is in your state before you plead to even a fine only assault(in Texas that is an offensive contact).
Domestic Violence and Firearms ownership
- Thread starter TXsnake
- Start date
vranasaurus
New member
Considering that the Lautenberg Amendment has been around since 1994 this isn't something new. It is a violation of federal law for a person to possess a firearm after being convicted of a misdemeanor crime of domestic violence.
There doesn't even have to be any kind of special finding. The only requirements are that the offense have as an element the use of or attempted use of physical force, or the threatened use of a deadly weapon and the victim is an "initmate partner."
There doesn't even have to be any kind of special finding. The only requirements are that the offense have as an element the use of or attempted use of physical force, or the threatened use of a deadly weapon and the victim is an "initmate partner."
The Lautenberg Amendment and the Lautenberg-Barr provision pretty well gutted my local law enforcement, as well as many others. The biggest "domestic abusers" turned out to be cops. I had great fun teasing our counties chief deputy that was moonlighting at my favorite gunshop.
http://ptexans.com/app-bill.htm
http://ptexans.com/app-bill.htm
Gary L. Griffiths
New member
If I understand you correctly, that you enjoyed taunting a LEO who lost his job and 2nd Amendment rights because of a minor domestic conviction, that's something I wouldn't admit to, even in private, much less brag about over the Internet!
Of course, I wouldn't have to since I wouldn't find someone else's misfortune to be a subject of mirth.
You didn't understand me correctly. He wasn't one of the abusers and he didn't lose his job. Few of them did, as a matter of fact. They just had an abundance of pencil pushers because a lot of them could no longer carry weapons. He was one of the few cops that was respected in my area because he was a decent person, not a badge heavy goon.
You must be young not to remember the "unintended consequences" of this misguided legislation. A serious backfire!
The warning of the Lautenberg law is clear. Never plead guilty or no contest to ANY charge, not even a traffic infraction. Make the state prove your guilt despite a good defense.
What it really means is that today, if you're charged with some misdemeanor crime you cannot know if a conviction will wipe away one or more of your civil rights. What's more, no one can advise you that it might happen so you'll be totally screwed if such a law passes. I still believe Lautenberg, as applied, amounts to an ex post facto law.
What it really means is that today, if you're charged with some misdemeanor crime you cannot know if a conviction will wipe away one or more of your civil rights. What's more, no one can advise you that it might happen so you'll be totally screwed if such a law passes. I still believe Lautenberg, as applied, amounts to an ex post facto law.
Exactly! Bite the bullet and lawyer up, even for something that appears minor. You don't know what's going to happen down the road.
I also think the reasoning behind the surplus of charges made against people is so they'll agree to cop a plea, rather than fight multiple charges.
Actually, yes. It's less expensive for the taxpayers, conserves resources in the prosecutor's office and ensures a conviction and subsequent punishment, something that may be iffy if it goes to trial, especially if the defendent comes across as a wronged person and the "victim" as a jerk.pnac said:
Locally this week, a woman accepted a plea bargain for chasing her husband down with her SUV, crashing through the lobby of a building to hit him and hitting him a second time when he got up and tried to run away...all of it caught on video. She pleaded guilty to second-degree aggravated assault and second-degree criminal mischief, originally charged with attempted murder and criminal mischief.
KyJim said:
That's a judgement call for you and your attorney. You may be guilty of one crime as charged, but not others "piled on" by cops or prosecutors. For example, in arguing with a neighbor police are called and eventually it's decided to charge you with trespassing. When the cop grabs your arm and says "Come with me" you yank free to pick up your ball cap... and the cop decides to charge your with resisting arrest. (It happened to a former neighbor I once had). He fought both charges and managed to win dismissal of the resisting charge and paid a whopping $25 fine for trespass.
Had he not fought, it's very possible that anti-gun legislation could be enacted, like Lautenberg, adding a new "disability" to certain misdemeanor crimes including assault, battery, resisting arrest, assaulting a police officer (i.e. touching), etc.
Your lawyer can also initiate a plea deal to some charge that's much more innocuous, and less likely to incur a disability, such as disturbing the peace.
It's happening in other areas of law too. A man, 68, was convicted of fraud in 1963 at age 19. But a new federal law meant to keep fraudsters and identity thieves out of banks meant he had to be fired, 49 years after the fact. A case of misdemeanor fraud turns out to be a big deal almost 50 years later when a senior citizen loses his job in this economy.
A friend is a retired Navy SEAL. He was undergoing a divorce when his wife decided he should die by cop.
The wife called the cops, claiming her husband had assaulted her and was planning to kill cops. The cops sent the SWAT team who soon released the guy. He went to a second home in another county. The wife called the cops in that county and another SWAT team soon showed up: He was soon released again. This stuff all happened in one day.
The ex-wife lost custody of her son in the divorce.
The wife called the cops, claiming her husband had assaulted her and was planning to kill cops. The cops sent the SWAT team who soon released the guy. He went to a second home in another county. The wife called the cops in that county and another SWAT team soon showed up: He was soon released again. This stuff all happened in one day.
The ex-wife lost custody of her son in the divorce.
Strafer Gott
New member
There should be something she could have been charged with. I'm glad no one went cowboy on your friend. Sad, but it does happen.