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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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  #1  
Old 09-06-2008, 04:47 AM
AnonymousPerson AnonymousPerson is offline
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Default Lautenberg Amendment Firearms Ban
I am in a similar situation. From what I understand we are banned for life. Thanks to the Lautenberg Amendment.


I have requested an appeal on my FFL transfer denial and am waiting for their response.

I tried to buy a rifle....because I had no idea that I was banned.


I had a situation where my gf ripped me out of bed (i was sleeping) by my hair and I never hit her. I just grabbed her wrists to protect myself and to try to calm her down. SHe called her mom, her mom called the cops, I went to jail. My attorney advised me to plea because even though they were lacking in the evidence department, the courts were sympathetic to a woman no matter what the case.

I plead to 415(1)-Disturbing the peace. AND I AM BANNED FOR LIFE!!!

Now, I'd like to have my plea withdrawn and go to trial. Does anyone have any experience with that?

Murderers get out in three years.....but I am banned for life because of what? Where's the justice there?

I imagine there are thousands of people in this same situation. There's got to be a way to bring this up to a federal court and have that portion of the Lautenberg amendment removed....or repeal the whole thing. These are unintended consequences and something should be done.

What's 'more is that you can't request a pardon from the Governor for a misdemeanor.....UNLESS IT WAS A SEX CRIME. ?? Where's the justice here???

Last edited by aaron; 09-06-2008 at 06:40 AM. Reason: Splitting thread.
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  #2  
Old 09-06-2008, 04:48 AM
AnonymousPerson AnonymousPerson is offline
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Default Re: Domestic Violence Case
I am in a similar situation. From what I understand we are banned for life. Thanks to the Lautenberg Amendment.


I have requested an appeal on my FFL transfer denial and am waiting for their response.

I tried to buy a rifle....because I had no idea that I was banned.


I had a situation where my gf ripped me out of bed (i was sleeping) by my hair and I never hit her. I just grabbed her wrists to protect myself and to try to calm her down. SHe called her mom, her mom called the cops, I went to jail. My attorney advised me to plea because even though they were lacking in the evidence department, the courts were sympathetic to a woman no matter what the case.

I plead to 415(1)-Disturbing the peace. AND I AM BANNED FOR LIFE!!!

Now, I'd like to have my plea withdrawn and go to trial. Does anyone have any experience with that?

Murderers get out in three years.....but I am banned for life because of what? Where's the justice there?

I imagine there are thousands of people in this same situation. There's got to be a way to bring this up to a federal court and have that portion of the Lautenberg amendment removed....or repeal the whole thing. These are unintended consequences and something should be done.

What's 'more is that you can't request a pardon from the Governor for a misdemeanor.....UNLESS IT WAS A SEX CRIME. ?? Where's the justice here???

Last edited by aaron; 09-06-2008 at 06:41 AM. Reason: Splitting thread
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  #3  
Old 09-06-2008, 04:50 AM
AnonymousPerson AnonymousPerson is offline
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Join Date: Sep 2008
Posts: 18
Default Lautenberg Amendment
I am in a similar situation. From what I understand we are banned for life. Thanks to the Lautenberg Amendment.


I have requested an appeal on my FFL transfer denial and am waiting for their response.

I tried to buy a rifle....because I had no idea that I was banned.


I had a situation where my gf ripped me out of bed (i was sleeping) by my hair and I never hit her. I just grabbed her wrists to protect myself and to try to calm her down. SHe called her mom, her mom called the cops, I went to jail. My attorney advised me to plea because even though they were lacking in the evidence department, the courts were sympathetic to a woman no matter what the case.

I plead to 415(1)-Disturbing the peace. AND I AM BANNED FOR LIFE!!!

Now, I'd like to have my plea withdrawn and go to trial. Does anyone have any experience with that?

Murderers get out in three years.....but I am banned for life because of what? Where's the justice there?

I imagine there are thousands of people in this same situation. There's got to be a way to bring this up to a federal court and have that portion of the Lautenberg amendment removed....or repeal the whole thing. These are unintended consequences and something should be done.

What's 'more is that you can't request a pardon from the Governor for a misdemeanor.....UNLESS IT WAS A SEX CRIME. ?? Where's the justice here???

Last edited by aaron; 09-06-2008 at 06:36 AM. Reason: Splitting thread
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  #4  
Old 09-06-2008, 04:55 AM
AnonymousPerson AnonymousPerson is offline
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Default Re: next question
Quoting tomy5219
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I have been trying to get the problem solved by getting it expunged, however, in the great state of Ohio, there is a law that prohibits an expungment if you have ever in your life had a DUI. Which I do, back in 1992 in West Virginia. So it is looking like that route won't be possible.

Who do I talk to other than the FBI to find out if this is a qaulifying misd. under that section. Because according to them, it is.

Thanks for any help.


Did you ever file an appeal with the FBI/NICS? What was the outcome of your situation?
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  #5  
Old 09-06-2008, 04:56 AM
AnonymousPerson AnonymousPerson is offline
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Default Re: Prior DUI
Quoting Anonymous
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Why not start in West Virginia, to see if you can obtain a pardon and expungement in that state for the DUI, and then pursue your remedies in Ohio? Granted, it may be that Ohio refuses to acknowledge the WV pardon and expungement, but it seems like it's worth a shot.

As the FBI is interpreting the law for the purpose of its own records review system, their interpretation seems to be the one that counts. There may be a way to appeal, challenge, or dispute the initial ruling within the FBI. You may wish to consult with a lawyer about the possibility of litigating the issue, once your administrative remedies are exhausted, but that would likely be expensive.
You can appeal the NICS denial. YOu have to write them or email your NTN and other pertinent info to NICSAPPEALS@LEO.GOV.
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  #6  
Old 09-06-2008, 05:01 AM
AnonymousPerson AnonymousPerson is offline
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Thumbs down Firearms Ban for Disturbing the Peace 415(1)
My question involves criminal law for the state of: California

I had a situation where my gf ripped me out of bed (i was sleeping) by my hair. I never hit her or slapped her. I just grabbed her wrists to protect myself and to try to calm her down. She called her mom, her mom called the cops, I went to jail. My attorney advised me to plea because even though they were lacking in the evidence department, the courts were sympathetic to a woman no matter what the case.

I plead to 415(1)-Disturbing the peace. AND I AM BANNED FOR LIFE!!!Thanks to the Lautenberg Amendment.

I tried to buy a rifle....because I had no idea that I was banned. My transfer was denied. So, I have requested an appeal on my FFL transfer denial and am waiting for their response.

Now, I'd like to have my plea withdrawn and go to trial. Does anyone have any experience with that?

Murderers get out in three years.....but I am banned for life because of what? Where's the justice there?

I imagine there are thousands of people in this same situation. There's got to be a way to bring this up to a federal court and have that portion of the Lautenberg amendment removed....or repeal the whole thing. These are unintended consequences and something should be done.

What's 'more is that you can't request a pardon from the Governor (in CA) for a misdemeanor.....UNLESS IT WAS A SEX CRIME. ?? Where's the justice here???
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  #7  
Old 09-06-2008, 05:15 AM
AnonymousPerson AnonymousPerson is offline
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Default Re: Firearms Rights and a Domestic Violence Conviction
I may stand corrected on that last bit...

http://www.cdcr.ca.gov/Divisions_Boa...for_pardon.pdf


The traditional pardon procedure is available to those who are not eligible for a Certificate of Rehabilitation. This procedure is used primarily by those who were convicted of felonies in California and now reside outside the state. The traditional pardon procedure is also available to individuals who are not eligible for a Certificate of Rehabilitation because they have been convicted of sex offenses under Penal Code sections 286(c), 288, 288a(c), 288.5, or 289(j), and those convicted of misdemeanor offenses. The traditional pardon procedure is covered by Penal Code sections 4800-4813.




http://www.cjpf.org/clemency/CaliforniaApp1.pdf
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  #8  
Old 09-06-2008, 06:44 AM
aaron aaron is offline
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Default Re: Firearms Rights and a Domestic Violence Conviction
Your conviction occurred how long ago?
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  #9  
Old 09-06-2008, 07:32 AM
cyjeff cyjeff is offline
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Default Re: Lautenberg Amendment Firearms Ban
And the point of posting it several times is what?
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  #10  
Old 09-06-2008, 07:34 AM
aaron aaron is offline
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Default Re: Lautenberg Amendment Firearms Ban
He posted the same thing to a number of very old threads; the posts are consolidated here.
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