ExpertLaw.com Forums

Felony and Misdeameanor Charges

Printable View

  • 03-19-2012, 05:37 PM
    nite_riderusa
    Felony and Misdeameanor Charges
    My question involves criminal law for the state of: Montana. Hello, I know a guy that has been charged with Felony assault with a weapon (Montana Code 45-5-213) and misdemeanor Partner Family member assault (MPFMA) (Montana Code 45-5-206). These pertain to the same instance where an argument took place and the girlfriend hit him with her fists and he then threw a cup of hot water from a Culligan water heater on her causing 2nd degree burns. The prosecutor is offering a plea bargain of suspended sentence and up to 90 days in jail to him. He is wondering how this will affect his gun rights long term. Will the feds be involved because of the misdemeanor partner family member assault? On the State felony charge he says he believes he will be able to apply for his firearms rights back after 5 years, is he correct on this? He has no previous criminal history and is 65 years old. If the MPFMA does interfere with his firearms rights on the federal level. Is there an avenue for him to regain that lost right through the Federal Government?

    Thanks for any help given.
  • 03-20-2012, 12:43 AM
    PTPD22
    Re: Felony and Misdeameanor Charges
    Generally, either a felony conviction or conviction of a domestic violence offense will result in loss of the right to legally posses a firearm. Your frined is facing the possibility of conviction of both a felony and a DV charge. If the plea deal includes dropping the domestic violence classification, there may be an avenue in Montana for firearms rights restoration. If the DV classification stays, the revocation of firearms rights is at the Federal level. I do not believe that the Feds have an avenue for restoration for DV violators...but I may be wrong.
  • 03-20-2012, 02:36 AM
    sinclairville
    Re: Felony and Misdeameanor Charges
    you cant even drive in a vehical when ccing with a felon, so figure if he has the felony charge he lost his privilage to touching a weapon of any kind
  • 03-20-2012, 07:05 AM
    souperdave
    Re: Felony and Misdeameanor Charges
    Conviction(s) lose your privilege, not charges.


    To the OP;
    In the let's-make-a-deal phase of things with the DA, are they offering misdemeanor convictions?
  • 03-20-2012, 11:03 AM
    viol8te
    Re: Felony and Misdeameanor Charges
    Read up on the gun rights lawws there even if they do offer misdemeanor convictions. Our misdemeanor domestic sentence is a conditional discharge. (Which still revokes gun privileges for life.)
  • 03-22-2012, 04:04 AM
    nite_riderusa
    Re: Felony and Misdeameanor Charges
    My question was, Is there an avenue for a person convicted of DV to have the federal restriction removed by the feds, not state government. He has already had it removed by state government, but the feds have the Lautenberg Amendment that puts a federal restriction on people convicted of misdemeanor DV. We are wondering if there is something like a "Certificate Of Rehabilitation" That the federal government issues so that a person can fully receive his gun rights back.
All times are GMT -7. The time now is 05:40 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved