banned from owning guns?

ive always owned and collected guns for various reasons.. mostly collectables like WWII and earlier, and i shoot mostly for recreation and sometimes hunting...

anyway, a little while ago i got arrested for a misdemeanor... basically a he said she said kind of thing... the cop told me if i admit to it id get off with a minor fine and all that... so i signed my name to the paper, just wanted to get things over with so i can move past..

long story short.. the cop was lying through his teeth, and now i sit on 3 years of probation in new york state for something i didnt even do, all because i believed the system worked... anyway, the charge is officially child endangerment however no firearms were ever present, and had nothing to do with this.. but reguardless they told me i cant own any guns for the rest of my life and i had to get rid of all the ones i already had...

my question is... am i really completely screwed here?.. what is there i can actually do?, i do not have the money to afford a real lawyer..

anyway, if anyone thinks they can help or has any good advice, id really like to know.

..i was actually about to start hunting again... i wanted to get into it enough where i could replace all my supermarket beef intake with that of deer... i guess thats not happening either

misdemeanor of domestic violence = No guns.

With three years even suspended you are probably SOL. HOWEVER, if a "little while ago" is recently enough you may not be without recourse. SECURE COUNSEL both to determine precisely what you are and are not allowed to own and to get advice on potential post-conviction relief. Do not delay. There are time limits on that sort of thing. You may not be able to do anything, but don't assume it.

First of all, Don't EVER trust a cop to be honest with you. especially if hes there because someone complained about you. Secondly, Look up the gun laws in your state, finally get a real lawyer.

anyway, a little while ago i got arrested for a misdemeanor... basically a he said she said kind of thing... the cop told me if i admit to it id get off with a minor fine and all that... so i signed my name to the paper, just wanted to get things over with so i can move past..

Never ever EVER sign something without reading and fully understanding what you are signing. NEVER take anyone's word for it, especially not a police officer's. They can lie all they want to you, to get results.

well, its not a mistake a plan to make again... i do have someone looking into the situation with a real lawyer to see what my options are... i hope i get atleast some good news out of all of this... but im not too optimistic at this point

Theres no little box that they check to indicate "He cooperated, go easy" on the report they use against you in court.

Probly the most common lie ever told by cops.

You know how much a lawyer costs? Less than too much.

There is an expungement process, but it is slow and painful. It will depend on how long ago the conviction was.

Do what is required and in due time you should be good to go.

You now have to spend the money on an attorney if you want your rights restored.

Be aware that your problem isn't limited to the laws in New York state. In addition there is a federal law that prohibits you from owning both firearms and ammunition.

On the other hand there is a ray of hope. Recent U.S. Supreme Court decisions have established that under the 2nd. Amendment the right to keep and bear arms is an individual's civil right, so some of the no-guns-if-convicted-of-a-misdemeanor laws are being challanged. Future caselaw (court decisions) may work in your favor. I wish you luck.

One thing to look into is what is actually on your record, not what "they" told you, i.e., what comes up on a background check. I'd go that route to satisfy my curiosity. Then seek legal advice.

But yeah you got yourself in a pickle, and that's how they do it, anyone that watches TV knows to shut up (no offense). Should have only dealt with the prosecutor in writing, but that's neither here nor there anymore.

I think it's the laughtenberg act. Check the spelling, If what happened to you is even "domestic violence", in which case it's a moot point.

EDIT: http://en.wikipedia.org/wiki/Domestic_Violence_Offender_Gun_Ban

Get a Lawyer. Get the Facts. Good Luck. Great lesson to others. If you get in trouble GET A LAWYER. ..Russ

You know how it is nowadays, any excuse they can find to take your guns they will use it. I don't have any sorrow for wife beaters, but I know a case of a guy who was punched more than once by his ex and he was charged with simple assault. She even admitted to it. The charge was eventually dropped when she agreed to it because he didn't want to lose his hunting privileges. A good lawyer can get those charges reduced to disorderly conduct or simple assault which I think does not carry the same weight.

Wait found this, maybe not:

http://www.hiskerlaw.com/simple-assault-firearm

Simple Assault May Prohibit You From Possessing a Firearm
Paid a fine for a Simple Assault ticket? If the victim was a spouse or former partner, you better get rid of your guns.

18 U. S. C. §922(g)(9) created a federal crime to possess a firearm by persons convicted of “a misdemeanor crime of domestic violence”.

Persons convicted of Criminal Domestic Violence (CDV) lose their right to possess a firearm and face stiff federal sentences if they are caught with a firearm. Some prosecutors make plea bargains to plead guilty to simple assault under the reason that the person could still carry a firearm. Anyone thinking of this BEWARE.

In February 2009 the United States Supreme Court decided U.S. v. Hayes 555 U.S. ___ (2009).

The Court held that 18 U. S. C. §922(g)(9) - includes general assault cases where "domestic relationship" is not an element. Although the government must prove the relationship beyond a reasonable doubt to convict under §922(g)(9). What does this mean? Even if you were not originally charged with CDV, if you were convicted of simple assault, and you get caught with a firearm, you could be charged with a federal offense. All the government has to prove is that the victim of your simple assault case was a spouse or former partner.

This is not good. There are probably people out the who have concealed weapon permits (CWP) who were convicted of simple assault in this manner. In most states, a conviction for simple assault will not prohibit a person from obtaining a CWP. The states don't check to see whether an old simple assault ticket involved a domestic partner. Sometimes these tickets do not even make it onto NCIC.

Justice Roberts dissent in Hayes makes perfect sense. The law applies to a "misdemeanor crime of DOMESTIC VIOLENCE". Not a "misdemeanor crime of simple assault".

It's one thing when the legislature changes someone's status after the fact, but the Supreme Court?

Posted on Friday, August 21, 2009 by Steve Hisker

animus_divinus:

anyway, a little while ago i got arrested for a misdemeanor... basically a he said she said kind of thing... the cop told me if i admit to it id get off with a minor fine and all that... so i signed my name to the paper, just wanted to get things over with so i can move past...
What "paper"? If he wrote you a summons/citation/ticket all your signature does is show you received the ticket. Cops don't take guilty pleas on the street........that would be a judge- in a courtroom- at a hearing- where you would have been assigned a public defender at no charge if you could not afford one.

Now, if you signed a statement (confession) where you admitted guilt for the charge- you might be out of luck unless the police officer failed to mirandize you.

animus_divinus:long story short.. the cop was lying through his teeth, and now i sit on 3 years of probation in new york state for something i didnt even do, all because i believed the system worked... anyway, the charge is officially child endangerment however no firearms were ever present, and had nothing to do with this.. but reguardless they told me i cant own any guns for the rest of my life and i had to get rid of all the ones i already had...

Apparently there is waaaay more to the story than you are feeding us. You don't get three years of anything without pleading guilty or pleading innocent and being found guilty at trial. If you went to trial you would have had your own defense counsel or a public defender appointed to represent you.

This post smells.:scrutiny:

Let's please discuss the legal aspects of it, not whether or not you believe the OP's story.

.. what is there i can actually do?, i do not have the money to afford a real lawyer..I'm sorry you got whipsawed. But I think as you can see now, if you find yourself with a legal problem, you really can't afford to not have a real lawyer.

As it is now, I don't have any idea what you can do to get this fixed, if it even can be fixed at this point. It will depend on exactly what happened, like the details of what went on between you and the cops and exactly what that paper you signed said. It will also depend on New York law and procedure.

But if this can even be fixed, it won't be fixed with a bunch of off the cuff advice from a bunch of anonymous denizens of the Internet. It will take a qualified lawyer.

Let's please discuss the legal aspects of it, not whether or not you believe the OP's story.What kind of discussion on this specific topic can you have without complete disclosure of the facts (which would really not be prudent on a public forum)? And, more importantly, how actionable is the advice that one will get on an Internet forum?

The OP needs to get a lawyer that can help with this kind of issue. Continued speculation on points of law or fact by strangers is simply not going to help.

But if this can even be fixed, it won't be fixed with a bunch of off the cuff advice from a bunch of anonymous denizens of the Internet. It will take a qualified lawyer.


Very good piece of advice, and a good place to end this.

Lawyer up and good luck.