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  1. #1
    Join Date
    Dec 2007
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    1

    Default Domestic Assault Charge Dropped To Disorderly Conduct, And Gun Laws

    Alright, first off, this is embarrassing, second off, this is going to be a long question...

    This is in the state of Minnesota.

    I was arrested a little over a year ago after getting in an altercation with my girlfriend. We did not nor had we ever lived together. I was charged with 5th degree domestic assault (this is in the state of Minnesota). I hired a lawyer, went through a couple months of court proceedings, and eventually got the charged reduced to a disorderly conduct, and plead guilty to that. I was given a year of probation, and I am still on probation right now. I am a big time hunter, and one of my concerns was not being able to possess of purchase firearms with a DV conviction, which was one of the reasons I took the disorderly conduct. According to my lawyer, that would in no way interfere with my right to possess or purchase firearms.
    Anyway, so the other day I see this really nice shotgun that I want at a gun shop, so I try to buy it. The dealer calls me in to the NICS, and they put me on "hold" status. He calls me back today and told me that I was denied. I sent the letter to the NICS, asking for the reason for the denial, and am waiting for their response. I have been reading things from their website, as well as from various other websites i.e. FBI, ATF, etc. Am I banned from buying a firearm, simply because I was arrested for Domestic Assault? The list of reasons prohibiting someone for possessing or purchasing a firearm only state people "convicted" of a "misdemeanor crime of domestic violence." My disorderly conduct did not have anything about domestic violence attached to it. So I am wondering what is going on. Part of the deal was that I would do no same or similar for 1 or 2 years (can't remember), and I was given a year of probation. I am still under the veil of both of those things, could that be the problem?

    The other thing I am wondering, from what I have dug up on these various websites, the problem could be that my disorderly conduct is a misdemeanor, and I showed a threat to harm a person I was in a qualifying relationship with. From everything I can tell, the states definition of a qualifying relationship is met simply by being boyfriend/girlfriend. Per the NICS website, it seems that a qualifying relationship on the federal level, has to involve being in a similar situation as a spouse...which it then defines as basically living together. We never lived together.

    Lastly, I was never told by the courts that I couldn't possess firearms, I was never told to surrender the firearms I already had either. I am now worried that I can't even have the guns I already own. Any insight into my issue here while I wait to hear from my lawyer would be greatly appreciated, thanks in advance.

  2. #2
    Join Date
    Sep 2005
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    74,383

    Default Re: Domestic Assault Charge Dropped To Disorderly Conduct, And Gun Laws

    As the FBI explains,
    Quote Quoting The universe of MCDV offenses
    The universe of offenses that could constitute MCDVs includes all misdemeanor offenses that contain either the use of physical force, the attempted use of physical force, or the threatened use of a deadly weapon as an element, so long as the offense is committed against a person with whom the defendant had a qualifying relationship. As a result, offenses that could constitute MCDVs oftentimes encompass such offenses as generic assault and disorderly conduct.

    Many misdemeanor offenses that could qualify as an MCDV have disjunctive elements, such that a conviction may be obtained under the applicable provision either with or without the use or attempted use of physical force or the threatened use of a deadly weapon. For example, a state generic assault statute may provide that a person commits an assault either by using physical force against another person or by verbally threatening another person. Assuming the requisite domestic relationship is present, a conviction under the first prong of the statute would satisfy the MCDV definition, while a conviction under the second prong of the statute would not.

    18 U.S.C. 921(a)(33)(A)(ii); Title 27, Code of Federal Regulations, Sections 478.11, 478.32.

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