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August 26, 2012, 09:20 PM | #1 |
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Domestic Violence and Firearms ownership
People are finding out the hard way that if they plead no contest or guilty to and assault enhanced with a family violence finding can no longer possess a firearm or ammunition. Be sure what the law is in your state before you plead to even a fine only assault(in Texas that is an offensive contact).
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August 26, 2012, 10:23 PM | #2 |
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Considering that the Lautenberg Amendment has been around since 1994 this isn't something new. It is a violation of federal law for a person to possess a firearm after being convicted of a misdemeanor crime of domestic violence.
There doesn't even have to be any kind of special finding. The only requirements are that the offense have as an element the use of or attempted use of physical force, or the threatened use of a deadly weapon and the victim is an "initmate partner." |
August 26, 2012, 11:24 PM | #3 |
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The Lautenberg Amendment and the Lautenberg-Barr provision pretty well gutted my local law enforcement, as well as many others. The biggest "domestic abusers" turned out to be cops. I had great fun teasing our counties chief deputy that was moonlighting at my favorite gunshop.
http://ptexans.com/app-bill.htm
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August 27, 2012, 12:39 AM | #4 | |
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Of course, I wouldn't have to since I wouldn't find someone else's misfortune to be a subject of mirth.
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Violence is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and valorous feeling which believes that nothing is worth violence is much worse. Those who have nothing for which they are willing to fight; nothing they care about more than their own craven apathy; are miserable creatures who have no chance of being free, unless made and kept so by the valor of those better than themselves. Gary L. Griffiths (Paraphrasing John Stuart Mill) |
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August 27, 2012, 01:02 AM | #5 | |
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You must be young not to remember the "unintended consequences" of this misguided legislation. A serious backfire!
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August 27, 2012, 01:20 AM | #6 |
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The warning of the Lautenberg law is clear. Never plead guilty or no contest to ANY charge, not even a traffic infraction. Make the state prove your guilt despite a good defense.
What it really means is that today, if you're charged with some misdemeanor crime you cannot know if a conviction will wipe away one or more of your civil rights. What's more, no one can advise you that it might happen so you'll be totally screwed if such a law passes. I still believe Lautenberg, as applied, amounts to an ex post facto law.
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August 27, 2012, 01:48 AM | #7 | |
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I also think the reasoning behind the surplus of charges made against people is so they'll agree to cop a plea, rather than fight multiple charges.
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August 27, 2012, 04:04 PM | #8 |
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The best thing to do is if you and the wife are getting angry at each other is to pick up the keys and leave the house till you both cool down. don't let it get to a physical stage.
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August 28, 2012, 09:19 PM | #9 |
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Egahd. Good advice. Not just in domestic situations.
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August 28, 2012, 11:31 PM | #10 |
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Yeah, don't slap the wife or others around and you don't have to worry about domestic violence charges.
And don't plead guilty or 'no contest' if false charges are brought against you.
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August 28, 2012, 11:48 PM | #11 | |
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August 29, 2012, 12:11 PM | #12 | |
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August 29, 2012, 12:43 PM | #13 | |
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In my hour of darkness In my time of need Oh Lord grant me vision Oh Lord grant me speed - Gram Parsons |
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August 29, 2012, 01:01 PM | #14 | |
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Locally this week, a woman accepted a plea bargain for chasing her husband down with her SUV, crashing through the lobby of a building to hit him and hitting him a second time when he got up and tried to run away...all of it caught on video. She pleaded guilty to second-degree aggravated assault and second-degree criminal mischief, originally charged with attempted murder and criminal mischief. |
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August 30, 2012, 12:32 AM | #15 | |
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Had he not fought, it's very possible that anti-gun legislation could be enacted, like Lautenberg, adding a new "disability" to certain misdemeanor crimes including assault, battery, resisting arrest, assaulting a police officer (i.e. touching), etc. Your lawyer can also initiate a plea deal to some charge that's much more innocuous, and less likely to incur a disability, such as disturbing the peace. It's happening in other areas of law too. A man, 68, was convicted of fraud in 1963 at age 19. But a new federal law meant to keep fraudsters and identity thieves out of banks meant he had to be fired, 49 years after the fact. A case of misdemeanor fraud turns out to be a big deal almost 50 years later when a senior citizen loses his job in this economy.
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August 30, 2012, 11:17 AM | #16 | |
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One set of rules for the "little people", one set for the ones doing the big crimes.
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August 30, 2012, 02:51 PM | #17 |
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A friend is a retired Navy SEAL. He was undergoing a divorce when his wife decided he should die by cop.
The wife called the cops, claiming her husband had assaulted her and was planning to kill cops. The cops sent the SWAT team who soon released the guy. He went to a second home in another county. The wife called the cops in that county and another SWAT team soon showed up: He was soon released again. This stuff all happened in one day. The ex-wife lost custody of her son in the divorce. |
August 30, 2012, 04:32 PM | #18 |
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There should be something she could have been charged with. I'm glad no one went cowboy on your friend. Sad, but it does happen.
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August 30, 2012, 04:33 PM | #19 | |
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