DV convicted individual in possession

[ArtP]

I have a friend who has a past domestic violence conviction, but is not a felon. He likes to go shooting with me and will do so out on public land, but is hesitant to do so at a public range.

I know there is a law stating a felon cannot be in possession of a firearm or ammunition with pretty steep consequences if caught. Another law excludes those with a DV conviction from purchasing.

My question is, is it illegal to be in possession with a DV and if indeed illegal, is the penalty the same as a felon in possession? If caught, would this person become a felon?

I'm in CA. I'm not suggesting that he should or shouldn't do anything, but would like to inform him of the facts and let him decide.

 

[Birch Knoll]

It's illegal under exactly the same section of the law that prohibits felons, 18 USC 922(g):

(g) it shall be unlawful for any person—

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) who is a fugitive from justice;

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the controlled substances act (21 u.s.c. 802));

(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

(5) who, being an alien— (a) is illegally or unlawfully in the united states; or
(b) except as provided in subsection (y)(2), has been admitted to the united states under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the immigration and nationality act (8 u.s.c. 1101 (a)(26)));

(6) who has been discharged from the armed forces under dishonorable conditions;

(7) who, having been a citizen of the united states, has renounced his citizenship;

(8) who is subject to a court order that—
(a) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(b) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(c) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(9) who has been convicted in any court of a misdemeanor crime of domestic violence,

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

 

[ArtP]

It's illegal under exactly the same section of the law that prohibits felons, 18 USC 922(g):

Okay, no surprise there. Do you know if the penalty is the same as would be for a felon? I guess a better way to ask the question is: are there different charges dependent upon the disqualifying criteria?

Thanks, by the way.

ADD: With the specific code you referenced me to I was able to find the answer. It is a felony punishable up to TEN years.

REQUEST THREAD LOCK.

 

[Birch Knoll]

Yup, same penalty. And it's rather serious:

18 USC 924(a)(2):
(2) Whoever knowingly violates subsection (a)(6), (d), (g), (h),
(i), (j), or (o) of section 922 shall be fined as provided in this
title, imprisoned not more than 10 years, or both.

 

[jahwarrior]

I have a friend who has a past domestic violence conviction, but is not a felon. He likes to go shooting with me and will do so out on public land, but is hesitant to do so at a public range.

I know there is a law stating a felon cannot be in possession of a firearm or ammunition with pretty steep consequences if caught. Another law excludes those with a DV conviction from purchasing.

My question is, is it illegal to be in possession with a DV and if indeed illegal, is the penalty the same as a felon in possession? If caught, would this person become a felon?

I'm in CA. I'm not suggesting that he should or shouldn't do anything, but would like to inform him of the facts and let him decide.

it depends; are you sure he was convicted in criminal court? i'm unaware how domestic issues are handled in CA, but in states like PA, they're tried in civil/family court, unless the victim presses charges.

if it was handled in civil court, then the prohibition is temporary, and once it expires, the defendant has nothing on his or her record prohibiting them from owning or carrying a firearm. if it's handled in criminal court, and the person is found guilty of domestic assault/battery/violence, then i would assume they'd be prohibited afterwards, unless they got the charges expunged.

i was tried in civil court for a domestic violence accusation, stemming from a custody dispute. i would have preferred a criminal trial, because the evidentiary standards for civil/family court are much, much lower, and no actual proof of wrongdoing is necessary. basically, it's a he said/she said situation, and oftentimes, what she said is taken as truth. i was prohibited for 1 year from owning or possessiong firearms. if i'd gone to criminal court, they would have actually taken the evidence presented, and found me not guilty.

i hate the Lautenberg Act.

i'm sorry to say that if you're friend was found guilty in criminal court of domestic violence, he's probably out of luck.

 

[TexasRifleman]

Closed at OP request.