Domestic Violence?

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sketcherdown

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Ok .... a few months back ... wife and I where drinking ..
we got int a fight and I tried to leave the house her and her girlfriend would not let me ...... Her girlfriend stood in front of the door and kept pushing me away ..... and then jumped up on me and wrapped her legs around me and started comimg on to me to get me to calm down ......
When she finally got off I whent out side ... and got into my truck and left .... I came back home cause I knew they would leave and try and find me .... I got out of my truck and started to walk into the house ... and whent back to get my wallet ...... my wife and our friend started to push me away from my truck ..trying to stop me from getting into it again .....finally after being pushed enough I push them out of the way .... to get my wallet and then whent inside the house ....
needless to say .... the cops .... came I got arrested Istarted got a Lawyer and was taking it to a trial .... after going back and forth with my lawyer and the APA ..... I decided to plead Guilty ... for my wife's sake ... of her past ..

the question and I think I know the answer
Can I Buy Handgun or rifles with a DV on my record ?
and
They never asked for my CCW when I plead guilty, can I still carry when my probation is over ?

My FFL and the local Police Chief said I can Keep the guns I have and don't have to get rid of them and the courts gave them back .... So what do u think ? thanx
Ken
I am located in Michigan and Moving back to Va Beach Va this summer ....
so anyone from Va I would love to hear from ....
 
Dude, never plead guilty even if you were the captain of the Titanic. Better to go down with the ship.
 
I am surprised they haven't already seized your permit AND the firearms. By your guilty plea you have forfeited your lawful firearms ownership.
 
YES I thought I was screwed too .......
I was told by the APA and my lawyer that I could get it expunged in three years which I plan on doing .....

I have never been in "Trouble" I have not had a speeding ticket in 12 years and I won that in court ....but none of that matters now
But short of waiting the three years and having it expunged at the state court level... the APS said I could still buy firearms.........
and I just don't think that is right ...
there are alot of things wrong with all of this.

I like all of you like or love my guns ... want them and feel I have a right to them.
 
.
there are alot of things wrong with all of this
Click to expand...

Yeah like taking the blame because of another's history. Am I correct in assuming that this history has to do with violenc or DV if so you may be in for more trouble. But if that is true deep down you already know that and have made your choices.

Did your attorney happen to tell you that it is extremely expensive to have records expunged? Like a minimum of about $1500
 
joab

no not at all My wifes past is an Ex Husband that lived in AZ and had a road rage problem with handguns .... meaning when ever he got cut off or pissed he would pull it and wave it around ... which would cause the other person to feel they had to pull theirs and speed off or slow down ....
So she is very scared of guns ...

I grew up in a house where I had my first .22 at age 7 my father was an avid hunter of just about everything and used bow to black powder .. and has a collect of guns running from Civil War Muskets to you name a total after he off loaded some of 181


My wife's second problem is panic attacks and anxiety and was on meds for a long time till she realized she need to be off them that there are better ways of dealing with problems then having some quack up your dose when you tell them you don't like you when your on them ...


There was No DV that night by myself ....or them really .... I don't like to be restrained by anyone more so if I had a drink or twelve .... and more so by women....

The police the next day if thier report stated that Our friends (thierwitness) stated that I hit , and threaten her in front on them that I took my pistol out and ran around the house and outside the house .. wavinf it and cocking it ......

this also never happened .... If you were to read the police statement and then read what the witnesses wrote it is like two totally differnet stories....

my wife had our friend call the PD cause she was scared and had never seen me that mad before ....



as for the price to get back my right to buy a gun ....... what price can be put on that ? 1500.00 fine 2000.00 fine .... I want my rights back ...


I felt at that time not to put my wife throught a cross exam by my lawyer ..... which would have been horiffic...

I still stand by what I did ...... sort of (me shrugs)
what would u do for your wifes mental well being ?
 
I don't see where he would automatically lose his firearms rights. Granted, I don't know the laws of Michigan or the specifics of Federal laws re: Domestic Violence, but I thought in many states you did not lose rights to firearms unless convicted of a felony. Like I said, I don't know Mich. laws, so maybe Domestic Violence is a felony in Michigan?
 
Stickman
In some states you lose your rights if somebody whispers DV in your direction
what would u do for your wifes mental well being ?
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First off I would re examine our relationship with alcohol.
Second I would not plead guilty to a crime I did not commit, it's better to spend the money now proving my innocence than to spend it later to cover up my admitted guilt.

I've been through this before and I stood up for and by my GF only to be screwed in the end. Our problems usually started with a drink or 12 to unwind.

But I also am married to a good woman now who 8 years ago, when she was a total FOB called the police on me for smoking in the house, because her cousins told her that in America you should call the police when you are mad at your husband.

So every case is different
 
I don't see where he would automatically lose his firearms rights. Granted, I don't know the laws of Michigan or the specifics of Federal laws re: Domestic Violence, but I thought in many states you did not lose rights to firearms unless convicted of a felony. Like I said, I don't know Mich. laws, so maybe Domestic Violence is a felony in Michigan?
Click to expand...
Whats coming into play here at the Federal level is the Lautenburg laws regarding domestic violence that ban possession of firearms/ ammunition bu those convicted of domestic violence. It all depends on whether what he was convicted of constitutes a DV charge in his state.
 
I wish I could findthe Quote button but for some reason I can't

Joab

Congrats on your Marriage My wife and I dated for 7 years before I popped the question, and now married for 3 with a son 1

As for my relationship with alcohol, I nor my wife have ever been drinkers of any sorts ...... 10 out of 10 times I never finish a beer b/c it is too hot for me ... byt that is my choice.... I would say I generally drink 2 to 3 times a year ..... but yes your right since this we have not ....

"Second I would not plead guilty to a crime I did not commit, it's better to spend the money now proving my innocence than to spend it later to cover up my admitted guilt."

yes your right again ... and it seems this is the hardest part .... I know what happened that night and my wife and freinds do too .... I guess the hardest part is "cover up my admitted guilt "
in retrow spect :banghead: I now feel I should of whent the other route .......

tcsd1236 [/COLOR] [/B]
The way I understand it it is a DV in this state or the armpit where I live .if we are related and we get into a fight and you push me out of your face cause I am yelling at you then that is DV.
Now I was told that I can have the weapons that I already have ... and that I can buy more ... the problem with that I thought was the law regarding DV and when I got to buy a handgun .. that little box that askes about DV ... when it is checked is an automatic nope u can not have ....
am I correct or not
they then said I could buy from a person not a store and all handguns have be done by and FFL .....
Correct again ?

C-Yeager
"You need TWO lawyers, Criminal and Divorce"

That was Funny LMAO .... thanx


Stickman
I thought that it would only be in MI... and since I am moving to va this summer I thought it mite change when I get there ... but I thought it was federal
 
Handguns don't have to through an FFL in Michigan. This isn't California.

Looks like you're screwed when it comes to that particular question on the 4473. I don't know which particular question it is, but the proper answers are "Yes, no, no, no, no, no" and so on until you get to the end. Hit the "Not applicable" checkbox after that and sign the thing. Looks like one of your "no" answers has turned into a "yes." That means no FFL dealers for you it seems... but I'm no expert.

If you can go to the local PD and get a handgun purchase permit it seems you can still legally buy from a "private dealer" -- which puts you in the same boat as as somebody that's over 18 but under 21.

Oh, and I'm pretty sure you've got to wait 8 years to get a CCW now.
 
GigaBuist
I still have my CCW ... and I thought .... am I wrong ? that all handguns have to be gotten from an FFL and no private sales ...
 
Well... wouldn't you know it, DV doesn't appear to be on either the 3 year or 8 year list.

But, no, you absolutely do not need an FFL to do a handgun transfer in Michigan. You do need the purchase permit though. I've transfered them to and from people myself ("loaned" a gun for a while) and know at least one guy that was 18 or 19 that used did this to get a .22 target pistol.

If you've still got your CCW and can do private sales you're not doing TOO bad.
 
GigaBuist
I think they just forgot to take the CCW back .......my lawyer said they will take it back when it was all said and done .... now it is ... and I have it still ......
 
Qyestion 12 i Have you ever been convicted in any court of misdemeaner domestic violence? Yes
See Important Notice 6 Exception 1 and Definition 4.lnk to 4473
You'll have to read it your self my eyes don't work that well any more
4473-3.gif
[/IMG]
 
I was under the impression that DV was one of the crimes that precluded having a CPL (or CCW). I don't have the law in front of of , but I'll check later.
 
joab
Thank you

steve thank you as well

Spaceman ..... yes she did ... and she did it to calm me down.. we would allways flirt with wife there all in good nature ... that is why she jumped up on me and wrapped her legs around me ... and arms around my neck .... How ever you feel that it sits ... this is what happen the truth ... simple as that ....
 
What exactly was the plea bargin?

Often a guilty plea is made as a deal for withheld adjudication. This would not be a conviction. It would still have some consequences.

This would be a common deal for a first offender in Florida.

If your lawer is not making everything clear to you get a new one.
 
Too bad that with no victim complaint that the lawyer could not have gotten this reduced to disturbing the peace
 
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