April 19, 2007, 07:03 AM
Form 4473 asks the following question
April 19, 2007, 08:43 AM
Does not compute :confused: :)
I think you should be asking someone will proper legal training, personally. I can tell you the opinion here will be no, but it's what the law will actually do that matters. :(
April 19, 2007, 09:40 AM
The BATFE FAQ on Domestic Violence convictions provides a pretty good definition of the covered offenses. However, you will need to research further whether the 'ex-girlfriend' falls into a covered category of victim.
The short version is, if you lived together (either before or during the incident) then it is likely that you are Prohibited from owning guns. If you did not live together, then it is much less likely that you are Prohibited. In any case, you need the advice of a Lawyer to determine if the 'ex-girlfriend' was covered at all by the statute, as a person 'similarly situated' to a spouse.
If you are a Prohibited person, and have skated by until now, all it takes is one file cabinet from the Courthouse being Digitized and added to the online Databases and they will be after you.
Check this out with a Lawyer ASAP.
Quote from BATFE FAQ:
(Q1) What is a “misdemeanor crime of domestic violence”? [Back]
A “misdemeanor crime of domestic violence” means an offense that:
1. is a misdemeanor under Federal or State law;
2. has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon; and
3. was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.
However, a person is not considered to have been convicted of a misdemeanor crime of domestic violence unless:
1. the person was represented by counsel in the case, or knowingly and intelligently waived the right of counsel in the case; and
2. in the case of a prosecution for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either –
(a) the case was tried by a jury, or
(b) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
In addition, a conviction would not be disabling if it has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing firearms.
[18 U.S.C. 921(a)(33), 27 CFR 478.11]
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