Domestic violence question.

This is kinda long winded but Im seeking some info. The story takes place in Mississippi.

Story. Back in 1985 a 25 year old man was dating an older woman who had a who had a daughter that was 12 years old. The man caught the woman stealing money from his home. When confronted, the woman passed the wad of cash off to her daughter and denied the accusation. The man called the police. While waiting for the law the woman became physical with the man and the man physically restrained her until the police arrived and left squeeze marks on the womans arms. When the police arrived they questioned the woman about the marks. The police arrested the man and he was charged with domestic. The woman never accused the man of domestic violence, the police pressed the charges. He was convicted in court and served community service.

Since then the woman and man have had no more contact. 26 years have passed and since then the man has been an upstanding citizen. He served a 4 year tour in the Army and was honorably discharged. Went to college and got an engineering degree. Homeowner, taxpayer and on the right side of the law since.

Recently the fella has taken an interest in firearms due to my interest in the hobby. I took him out to the range and he took a liking to my AK and mentioned that he would like to buy one but didnt figure the law would allow it due to his domestic violence charge from 26 years ago.

My question is, after 26 years is there any statute of limitations? What are yalls thoughts on this? Can he buy a gun? Should he try? What would happen if he bought a gun from an individual private sale and got caught with it?

IMNAL --- hire a lawyer, petition the court and get it expunged and/or his rights restored ... the story regarding what happened is totally irrelevant -- he was convicted.

I do not believe I would lie on the forms ... probably would kill ANY chances of him ever owing a gun -

I am not going to comment regarding a private purchase .. that question is best left alone on this forum!!

captain-03 wrote:
I do not believe I would lie on the forms ... probably would kill ANY chances of him ever owing a gun -

I am not going to comment regarding a private purchase .. that question is best left alone on this forum!!

Choice one gets him in trouble. Choice two gets him and possibly the seller in trouble. And when I say trouble, I mean big boy jail.

If he was able to join the military it shouldnt be a problem. If he was charged with DV, he wouldnt be allowed to my understanding....

DESOTO wrote:If he was able to join the military it shouldnt be a problem. If he was charged with DV, he wouldnt be allowed to my understanding....

They'll let anyone in the military. I had so many traffic tickets (speeding, running red lights, other BS) that they said I had a disregard for the law and had to get a waiver to get in. So getting in the military ain't that hard. When they did a local background, it came up clean. When they did an FBI check, it came back with every thing I'd ever done on the road. He could go try it and check the boxes truthfully. He could get it anyway but I wouldn't lie on an ATF form.

Again -- PLEASE, PLEASE do not act on any advise you get from this Board ..... these are legal issues which may have very profound consequencies .... talk to a lawyer who specializes in these type cases ...

Well we used to have a couple lawyers on here fairly regular...but you can see why they'd kinda shy away from commenting on such scenarios....



last new purchase I made (and I've bought quite a few) the last 2 years...There's a Q on that pretty little form you get to fill out...

It basicaly asks if have you ever been convicted of DV infraction....key word here is convicted...

Given the current state of political correctness these days...you could get convicted of DV if you farted around the wrong woman...

So...like Captain said... these "what if's" are best left up to lawyers if you want a legit answer....

If He wants his "rights" back... get the court to restore them...not an easy task by any means I'm certain...

captain-03 wrote:Again -- PLEASE, PLEASE do not act on any advise you get from this Board ..... these are legal issues which may have very profound consequencies .... talk to a lawyer who specializes in these type cases ...

110% Best Advice!!!! PERIOD.......

sidroski wrote:

DESOTO wrote:If he was able to join the military it shouldnt be a problem. If he was charged with DV, he wouldnt be allowed to my understanding....

They'll let anyone in the military. I had so many traffic tickets (speeding, running red lights, other BS) that they said I had a disregard for the law and had to get a waiver to get in. So getting in the military ain't that hard. When they did a local background, it came up clean. When they did an FBI check, it came back with every thing I'd ever done on the road. He could go try it and check the boxes truthfully. He could get it anyway but I wouldn't lie on an ATF form.

Being charged with Domestic Violence even convicted of a misdemeanor crime of Domestic Violence is agaisnt the Lautenberg Amendment.The act bans shipment, transport, ownership and use of guns or ammunition by individuals convicted of misdemeanor domestic violence, or who are under a restraining (protection) order for domestic abuse in all 50 states. The act also makes it unlawful to knowingly sell or give a firearm or ammunition to such person.

This law effectively mandated the discharge of service members who had been convicted of domestic violence, and mandates the discharge of all service members who are convicted of domestic violence in the future. A person can not enlist into the US Military. No wavier authorized. Traffic and non- traffic violations are a whole different page.

This law effectively mandated the discharge of service members who had been convicted of domestic violence, and mandates the discharge of all service members who are convicted of domestic violence in the future. A person can not enlist into the US Military. No wavier authorized.

Lautenberg was passed in 1996. The 4 year stint in the military was prior to this, and from 1985-1996, and from 1999-2001 when the law was overturned by the courts, he could legally possess a weapon.

New laws are not retroactive. The Article I, Section 9 of the US Constitution prohibits this. The Lautenberg Amendment imposed a further penalty on a crime this guy committed, a decade after the crime, without the benefit of a trial.

Check... Your right

I know a guy who let his live in girlfriend beat the crap out of him while the cops were on the way. Nerves of steel.

Tell your friend to hire a better attorney that he did the first time to sort this out.

I really think he's not too worried about it. He is older now and his desire to buy and own guns just isnt worth the trouble to him.