Can I Join the Military with a Domestic Battery on My Record?

luckysleven81 · #1 07-02-2008, 12:17 AM

My question involves criminal law for the state of: Florida. I was wanting to know if i could still join the military with a domestic battery charge on my record? My wife did not press the charge, but the state did?

aardvarc · #2 07-02-2008, 02:35 AM

It's not the charge that matters so much as it is any conviction. Federal law preventing those convicted of higher degrees of domestic violence from being in possession of a firearm may be problematic for you. Get a copy of the exact charge and statute number and check with your recruiter.

luckysleven81 · #3 07-02-2008, 03:41 AM

i was convicted of battery touch or strike statue code 784.03(1a1) which states that its not a felony battery case..

aardvarc · #4 07-02-2008, 05:13 AM

Even a misdemeanor conviction for domestic violence is enough to disqualify you under federal law - specifically the Lautenberg Amendment - which makes it unlawful for anyone (even police officers and members of the military) who has been convicted of a misdemeanor of domestic violence to possess firearms- see 922(g)(9) here:

http://www.law.cornell.edu/uscode/18/922(g)(9).html