Is an arrest for domestic violence enough?

Status
Not open for further replies.
In NC when you are charged with DV you have to surrender your guns .You can not be in possesion of a gun untill you beat the charge in court.If you are caught with a gun, you are in violation and will be held with no bond untill your courtdate. So much for innocent untill proven guilty.
 
Is that the case for california? I'm worried that when I got charged and convinced to plead guilty for Assualt 4th deg for pushing my sister, in WA, that I lost all right. Does the law usually classify this kind of case as a fight or Dom. Violence?
 
Convicted, not arrested. That said, a restraining order can also fall under Lautenberg.

This is pretty accurate. For clarification all that's needed is a MISDEMEANOR conviction, which is a pretty low threshold of a crime, and can be little more than a shouting match, a mean text message, even a gentle push. I know of a case where a man was convicted because he knocked the car keys out of his wife's hand because she was drunk and he didn't want her to drive and she wanted to drive so he prevented her from driving!

Also, sometimes arrest records are not correct on the NICS or similar systems and arrests end up being interpreted as convictions due to human errors.

Restraining orders often, but not always, prohibit firearm and ammo POSSESSION! There are typically temporary protective/restraining orders (TPO or TRO) in effect until the restrained party can have a hearing to determine whether it should be permanent. A judge will check a series of boxes, one of which relates to firearm possession. Typically judges err on the side of caution but not always.

It means that the restrained party must immediately turn over their guns to another party - which can be a huge pain in the butt!
 
Status
Not open for further replies.
Back
Top