We all know how bad custody disputes can go. But check this out.
I know a nics check cant look at court record but what do you think about this:
A person applies for a ccw license. A thourough background check is done, and they obtain he court records for a 10 year old custody case. The case was filed by the father to etalish paternity and visitation.
The mother then,and only then, alledges domestic abuse to try to gain control of the situation. The judge decides for safe measure visitation during the custody action will be supervised for the father. She also convinces health and human services she was abused, therefore obtaining a free attorney. So making accusations at the father to delay his visitation costs her nothing.
It should be noted, that in the affidavit, the mother also alledges:
The father raped her
The father watches child pornography
The father has other "Bastard children".
The father is abusive to his sister
Note there are no police calls, no documentation, and no indications before the trial, except one thing. After the mother and father broke up, the father was placed on a 48 hour suicide watch, which he voluntarily initiated himself. The mother was not involved with this situation except she came to visit him. This action does not bar him from firearms nor a CCW as it was over 10 years ago.
The case ended about 1.5 years later with the father getting what he wanted, full visitation. There were no evaluations, or any factors that changed other than the fact the father finally got enough money saved to fight the wicked accusations. 3 Years later, the father filed for custody again, this time recieving joint custody, with the daughter living with him 90% of the time.
The state patrol, who does the background checks, decided that this action constitutes a conviction of domestic violence as:
The mother made the allegations
They were credible at the time for HHS to give her a free attorney
The father is "convicted" by having supervised visits.
The father has passed several NICS checks and now the state patrol not only denies his CCW, but is pursuing a lifetime ban on firearms against him.
Never once did he go in front of a judge except when the case settled (no trial) and he recieved his visitation. there was no trial, no jury, and no due process for him for the DV accusations, but the NSP assures him that is enough to count as a conviction, since he denied the charges and the judge found him "guilty" by implemting supervised visits.
According to fedral law, a conviction with some sort of threat, indication to, or element of, or use of violence is a crim of violence. IE distubing the peace conviction for hitting your wife is still a DV conviction.
What do you guys thing this guy should do? Do yo agree this constitutes a "conviction"? Do you think he should get a CCW (shall issue state). I personally forsee punitive damages being awarded here.
I know a nics check cant look at court record but what do you think about this:
A person applies for a ccw license. A thourough background check is done, and they obtain he court records for a 10 year old custody case. The case was filed by the father to etalish paternity and visitation.
The mother then,and only then, alledges domestic abuse to try to gain control of the situation. The judge decides for safe measure visitation during the custody action will be supervised for the father. She also convinces health and human services she was abused, therefore obtaining a free attorney. So making accusations at the father to delay his visitation costs her nothing.
It should be noted, that in the affidavit, the mother also alledges:
The father raped her
The father watches child pornography
The father has other "Bastard children".
The father is abusive to his sister
Note there are no police calls, no documentation, and no indications before the trial, except one thing. After the mother and father broke up, the father was placed on a 48 hour suicide watch, which he voluntarily initiated himself. The mother was not involved with this situation except she came to visit him. This action does not bar him from firearms nor a CCW as it was over 10 years ago.
The case ended about 1.5 years later with the father getting what he wanted, full visitation. There were no evaluations, or any factors that changed other than the fact the father finally got enough money saved to fight the wicked accusations. 3 Years later, the father filed for custody again, this time recieving joint custody, with the daughter living with him 90% of the time.
The state patrol, who does the background checks, decided that this action constitutes a conviction of domestic violence as:
The mother made the allegations
They were credible at the time for HHS to give her a free attorney
The father is "convicted" by having supervised visits.
The father has passed several NICS checks and now the state patrol not only denies his CCW, but is pursuing a lifetime ban on firearms against him.
Never once did he go in front of a judge except when the case settled (no trial) and he recieved his visitation. there was no trial, no jury, and no due process for him for the DV accusations, but the NSP assures him that is enough to count as a conviction, since he denied the charges and the judge found him "guilty" by implemting supervised visits.
According to fedral law, a conviction with some sort of threat, indication to, or element of, or use of violence is a crim of violence. IE distubing the peace conviction for hitting your wife is still a DV conviction.
What do you guys thing this guy should do? Do yo agree this constitutes a "conviction"? Do you think he should get a CCW (shall issue state). I personally forsee punitive damages being awarded here.
