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Old August 8, 2012, 12:18 AM   #1
ltc444
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Prohibited person would this constitute

A friend of mine used a pistol to stave off an attack by an intruder. She was arrested and charged with multiple felonies. Her attorney, a noted Arizona 2nd amendment lawyer and libertarian has negotiated a plea arrangement. He claims that she will not loose her gun rights. Following is a summary of the agreement:

She pleads guilty to a felony, receives a years probation and if she successfully completes the probation she "could" have the conviction reduced to a misdemeanor. both the felony and misdemeanor carry a possible sentence of more than one year.

My understanding is that this will disqualify her from ownership/possession of a firearm. What are your thoughts.

PS I intend to do a full posting on the situation once the case has been completed. Please refrain from asking about the specifics of the case.

Last edited by ltc444; August 8, 2012 at 12:19 AM. Reason: Ad location
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Old August 8, 2012, 04:07 AM   #2
vranasaurus
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As long as the misdemeanor is punishable by two years or less it is not a "crime punishable by more the a year in prison."

Congress excluded expunged, pardoned, or set aside convictions as well as convictions for crimes defined as a misdemeanor and punishable by two years or less.

As to the effect of the change in judgment that is a matter of state law. Would the state courts still consider her to have been convicted of the felony? In some states such action has the effect of completely wiping out the prior conviction as if it never happened.

While on probation she will likely be a prohibited person. Most states consider people on probation under a severed adjudication to be convicted for most purposes because they have operation guilty. It is not until after probation is complete that one would no longer be prohibited.
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Old August 8, 2012, 06:11 AM   #3
mehavey
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Quote:
A friend of mine used a pistol to stave off an attack by an intruder. She was arrested and charged with multiple felonies....
Out of curiosity, what state (or city these days) was this in that they would charge her in that manner?
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Old August 8, 2012, 08:13 AM   #4
MTT TL
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Maybe. Two questions:

- Will the misdemeanor fall under Lautenberg (domestic violence)? (if so then yes she will be prohibited)
- Will the probation be for a full year?
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Old August 8, 2012, 09:26 AM   #5
Frank Ettin
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Quote:
Originally Posted by ltc444
a noted Arizona 2nd amendment lawyer and libertarian has negotiated a plea arrangement. He claims that she will not loose her gun rights....
...

...What are your thoughts.
Trying to second guess her lawyer here is inappropriate, speculative and pointless.

The OP says the the person's lawyer is:
Quote:
...a noted Arizona 2nd amendment lawyer and libertarian...
In addition --
  1. The lawyer has/should have done thorough research into the applicable law. We have not.

  2. The lawyer knows the details of the underlying case. We do not.

  3. The lawyer knows the details and exact language of the plea agreement. We do not.
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Old August 8, 2012, 10:43 AM   #6
ltc444
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Answer to questions: Will relay to friend.

Arizona Pinal County. There are issues with the investigation her husband is a very vocal critic of the Sheriff.

Not sure if domestic violence. Will have her ask. The problem is a trust issue with the attorney. He, unfortunately running for US Senate, is focused on other issues and not focused on the case.

Will have her ask specifically about the AZ law regarding gun.
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Old August 8, 2012, 11:05 AM   #7
Frank Ettin
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Quote:
Originally Posted by ltc444
...The problem is a trust issue with the attorney. He, unfortunately running for US Senate, is focused on other issues and not focused on the case...
That can be a serious issue. But we're a lousy back-up. If she has a trust issue with her lawyer, her best course is (1) have a clear, candid discussion with her lawyer; and (2) consult another qualified, local lawyer for a second opinion.
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Old August 8, 2012, 12:05 PM   #8
Strafer Gott
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I think that once you make the list, you will have a hard time getting off it.
The fact that she was charged at all pretty much says this is much more complex. Add the bad politics. To paraphrase G.Gordon Liddy, " I am not permitted to own firearms. Mrs. Liddy, however has an exceptional collection."
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