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Domestic Violence convictions

Discussion in 'Legal' started by nicki, Mar 11, 2008.

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  1. nicki

    nicki Member

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    Friend of mine at the Gym told me how he had to plea bargain on domestic violence here in California.

    Basically his wife had an affair, he goes to wife, puts knife to her throat, tells her he could cut her throat, but she isn't worth it.

    She calls the cops and asks what she should do, Cops come, arrest my friend.
    She doesn't want to press charges, Police say it doesn't matter.

    He is charged with Felony Domestic violence, pleas to a Misdemenor, but he has to go to weekly Domestic violence classes.

    Now of course this isn't free, he figures it cost him probably about 11K. This is the 2nd person I know this happened to.

    Both guys were easy going guys, but got pushed.

    Both guys have lost gun rights in California for the next 10 years, but my question is how does the Federal law play.

    Once a person has a domestic violence conviction, is it a lifetime ban or can gun rights be restored.

    In California, you can get your record expunged to get other rights back from criminal convictions.

    I certainly don't support people who are abusers, and I believe the prosecutor abused their power not only with my friend, but probably with many others.

    Many couples have fights, and many people have stressful relationships.

    Many couples, have fights over money. Getting hit with having to pay 11K for anger management because of a spousal quarrel is not something that I think would help any couple who already have financial issues.

    Nicki
     
  2. Valkman

    Valkman Member

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    It's a lifetime ban as far as I know - they never should've pled to it but should have fought it.

    I went through that same exact thing way before Clinton passed the law banning guns for people convicted of DV. Arrested on a felony, charged with a misdemeanor and had a guy from County telling me I should plea guilty and do the classes which were very expensive back then. I said "No, I won't plead guilty" and the guy was astonished. He said "You know you risk 90 days in jail" and I said I didn't care, I was fighting it. So I hired a lawyer and he got it dismissed, and because of that I get to have guns today. Your "friends" should have done all they could have to fight it.
     
  3. mekender

    mekender Member

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    sorry, they shouldnt own guns... if they are the kind of person that can get pushed enough to draw a weapon on someone, they dont deserve to carry a gun... a smart person would have left before getting that angry... part of the burden of being a gun owner is a great responsibility to think before you act
     
  4. Deanimator

    Deanimator Member

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    The guy with the knife to his wife's throat strikes me as a fool. Maybe a fool who shouldn't have a gun.
     
  5. buzz_knox

    buzz_knox Member

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    Absolutely. But those fights shouldn't end up with the threat of deadly force.
     
  6. Len S

    Len S Member

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    If that were my dtr I would be embarassed about the affair but I would be livid about some a$$hat holding a knife to her throat. About 8 years ago a group of us were sitting on a patio shooting the breeze. All parents who have met through our children. One of the women threw out the question about what we would do if we caught our spouse in the act of cheating. There were the usual, divorce and stuff a few mentioned A$$ kicking. Everyone looked at me because I hunt and own guns. I simply said I would get pics and send them to her parents. My wife is from a very good family from Costa Rica. Very proper and stuff. Everyone there told me I was a sick nasty bast--D.I said it is the answer because in this case violence does nothing except get you in trouble. One of guys in the group said he would kill the guy and give his wife the choice. Back up his story of him killing her rapist or admit to the affair and send their children's father to jail.Short temper + gunpowder is a bad combo. Luckily I doubt that I will have to deal with such nonsense.


    Len
     
  7. Neo-Luddite

    Neo-Luddite Member

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    Many couples have fights, and many people have stressful relationships

    I would venture to say that MOST people do. But rewind to the part about (1) placing a knife by her throat (2) her calling the police but not wanting to 'press charges'.

    If you are tempted to reach for a weapon to threaten your spouse, it's time to go for a walk--if you call the police to interveen in the situation SOMEONE will go to jail and be charged.

    In most places, that is SOP to prevent an escalation of the fight to serious violence and to reduce the tendency of certain people to be a PITA by needing the police to interveen on a frequent basis in their interpersonal relationships.

    I do not like the lautenberg amdt for many reasons but that is apart from the point. The only way that I know of to have RKBA restored after a domestic violence conviction is expungment of the record by a judge--and that may be an expensive option requiring an attorney who knows how to approach the matter.
     
  8. yhtomit

    yhtomit Member

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    If someone held a knife to the throat to a woman who was important to me (my sister, or my mother, a girlfriend, even an ex-girlfriend), I'd be pretty unhappy about him getting a gun without very strong evidence that he had overcome his violence. (And I say that as someone who generally doesn't like the tiered approach to citizenship according to which there are sub- and super-citizens when it comes to gun ownership.)

    Are there circumstances where I might be persuaded that it was ... rehearsal for a play they're both in at the dinner theater, or a self-defense drill, or a previously unrecognized and now controlled medical-mental problem, or some other oddball situation in which a knife-to-the-throat is something other than an attack? Yes, sure -- context matters. But if that's what it was (an attack out of anger), what brings you to overlook it?

    But knife-attacks on one's wife make me think that being allowed to cop a plea is a court's (perhaps foolish) act of mercy.
     
  9. Coronach

    Coronach Moderator Emeritus

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    To answer the OP's question, the Federal law is a lifetime ban. There is, on paper, a process to have your 2nd amendment rights restored, but IIRC the process has never been carried out, due to lack of funding (read: they're preventing it from happening via the budgetary process). Do not quote me on that, it has been a while since I read it, and I may be wrong.

    Mike
     
  10. Kharn

    Kharn Member

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    Coronach:
    The process used to be carried out, but the ATF's budget line has specifically prohibited using funds for it since at least the early Clinton years.

    Kharn
     
  11. MrAnteater

    MrAnteater Member

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    Normal, rational people don't threaten others with weapons no matter how upset they may be. You need to be honest about your "easy going" friends. You might have a good relationship with them but that doesn't mean they have a serious problem with violence against women.

    I think the guy got off lucky with only 11k in costs.

    How high would the costs have been to defend a second degree murder charge if he would have taken one more step in his violent outburst?

    I hope the guy can change his heart and his propensity for violence because next time he might be serving a life sentence. I have no problem with him losing his gun rights for a long time.
     
  12. Wineoceros

    Wineoceros member

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    If she or someone else nearby are armed that sentence might be for the eternal dirt nap.
     
  13. The Lone Haranguer

    The Lone Haranguer Member

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    Did he do that? Seriously? Then, regardless of how I might feel about the law, I have no sympathy for him.
     
  14. hanno

    hanno Member

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    "pushed?"

    The wife confesses to an affair and this "pushes" your friend to hold a knife to her throat?

    A person who responds in that matter isn't responsible enough to own a gun.
     
  15. leadcounsel

    leadcounsel member

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    The knife to the throat is an extreme example. The same conviction can be sought for trivial things such as slamming a door or pushing past a spouse/girlfriend on your way to leave the house. The laws are heavy handed and unconstitutional.
     
  16. rainbowbob

    rainbowbob Member

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    Gee...I wonder why she was looking elsewhere for a good man?

    Nicki, Nicki, Nicki...are you kidding us? You are a woman and you believe that a man putting a knife to another woman's throat and telling her she isn't worth it (i.e., a murder charge) is the normal response of an easygoing friend? And you have two friends like this?

    Am I missing something? Don't most of us CCW to protect ourselves and our loved ones FROM those kind of people?

    If I'm not mistaken, the wife would have been well within her rights to gut shoot the SOB if she had been armed. Seems to me he got off easy.
     
    Last edited: Mar 11, 2008
  17. BigG

    BigG Member

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    This is the truth. Many domestic "counselors" file these on behalf of the woman as a helpful hanna gesture. I don't want to call anybody out on their lack of moral clarity but people that castigate the original poster for his anecdotal description of what happened shouldn't complain if they get whacked by the same law for some reason. After all, the law is the law. :rolleyes:
     
  18. Cougfan2

    Cougfan2 Member

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    sorry, they shouldnt own guns... if they are the kind of person that can get pushed enough to draw a weapon on someone, they dont deserve to carry a gun... a smart person would have left before getting that angry... part of the burden of being a gun owner is a great responsibility to think before you act

    Sorry for your friend, but I have to say +1 to mekender. Don't know the guy, but I wouldn't be comfortable with him owning guns. If your gal cheats on you either dump her or decide to work it out. There was no physical or implied threat from what you said to justify threat of deadly force.:mad:
     
  19. revjen45

    revjen45 Member

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    A better answer would be to remain calm, and the next time she leaves the house she returns to her belongings in the yard and the suggestion that she call her boy friend for a ride. Then you're shet of the trollop, not out $11K, and you still have your guns. BTW, there is nothing I find more ignoble or unmanly than physically abusing a woman.
     
  20. MechAg94

    MechAg94 Member

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    Putting a knife to anyone's throat is a felony if I am not mistaken.

    Yes, it is probably not the best example.
     
  21. rainbowbob

    rainbowbob Member

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    OK...How about this for an example: My daughter's mother-in-law's boyfriend (you still with me?) broke into his ex-wife's house and threatened to kill her in front of their children. This guy is a violent drunk who has beaten this ex-wife before she was the ex. She finally got a no-contact order filed, but it wasn't easy (and probably isn't worth the cost of the paper it is printed on).

    In addition, my grandson (who is the light of my life) told me this SOB hit him in the stomach. My daughter and son-in-law no longer allow their son to see his other grandma if the BF is going to be around. What I would like to do to him is not High Road and would possibly result in the loss of my right to CCW. He truly “…is not worth it.”
     
  22. Prince Yamato

    Prince Yamato Member

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    Good God! Who the hell puts a knife to a person's throat? I mean crap, I could see a good screaming match, a lot of choice four-letter words and maybe throwing a lamp against the wall or two... but threatening with murder?
     
  23. Heavy Metal Hero

    Heavy Metal Hero Member

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    Nothing just happened to this guy. He made his own decisions and deserves to be blackballed.
     
  24. Wineoceros

    Wineoceros member

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    I note that under "Interests" you list "personal growth". I would suggest that this is a golden opportunity for said growth that can be capitalized on by reconsidering the type of people with whom you associate.
     
  25. qwert65

    qwert65 Member

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    I agree that if someone holds a knife or hits someone they've lost their privliges.
    However, I think the law should be changed because, women can file charges for spite. For example, My current girlfreind was in an abusive marriage he threw her against the wall and threatened her and choked her. Personally I'd like to meet him in a dark alley..... Now the law is perfect in this case.
    Another example, my buddy gave his gf a black eye accidently while sleeping a day later they got into a fight, the neighbors heard yelling and banging(they were both throwing things) and called the cops. The cops show up and there's a girl with a black eye. Now she was honest and they were fine once they calmed down. But if she had decided to lie who would've been belived?
    anything that can be he said she said where the person loses rights must be carefully thought out. Just look at how many people are convicted of rape based on a victims testimoney only to be found inoccent with DNA

    I think a misdeamoner should be a misdeamoner as already brought up holding a knife to someones throat is a felony. Who said better for 10 guilty men to go free than one innocent man in jail?
     
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