Results 1 to 6 of 6
  1. #1
    Join Date
    Nov 2006
    Posts
    368

    Default 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.

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default 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.

  3. #3

    Default 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

  4. #4
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default 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?

  5. #5
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default 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.)

  6. #6
    Join Date
    Nov 2006
    Posts
    368

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Post-Conviction Relief: Overturning a Nolo Plea to a Misdeameanor
    By Hotlantadad in forum Criminal Procedure
    Replies: 4
    Last Post: 01-23-2012, 05:58 PM
  2. Assault & Battery: Will Felony Battery or a Misdeameanor Charge Be Filed
    By charmed74 in forum Criminal Charges
    Replies: 1
    Last Post: 12-11-2008, 04:53 PM
  3. Background Checks: Bad Check Misdeameanor From 10 Years Ago
    By AI9605 in forum Employment and Labor
    Replies: 3
    Last Post: 12-04-2007, 05:38 PM
  4. Reckless Driving: Felony charges or misdemeanor charges?
    By ECC in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 12-14-2006, 05:54 AM
  5. Expungement and Sealing: How to Expunge a Shoplifting Misdeameanor
    By rach918273 in forum Criminal Records
    Replies: 1
    Last Post: 10-07-2006, 06:41 PM
 
 
Sponsored Links

Legal Help, Information and Resources