Domestic Violence and Possession of a Firearm
It is common knowledge that it is illegal for someone who has been convicted of a felony to possess a firearm. But what is not so commonly known is that it is also a federal crime for a person who has been convicted of a misdemeanor crime of domestic violence to possess a firearm.
In 1996, Congress extended the federal Gun Control Act's prohibition on possession of a firearm by a convicted felon to include individuals "convicted in any court of a misdemeanor crime of domestic violence." Moreover, Congress also made it illegal for employees of such individuals to possess firearms "in the course of such employment."
My hunch is that very few people who are convicted of a misdemeanor crime of domestic violence know that they are committing a federal crime by possessing a firearm. In fact, a recent U.S. Supreme Court called United States v. Hayes seems to provide an example of this very thing happening to someone. Hopefully this article will help prevent the same unfortunate thing from happening to someone else.
Great point...while we inform our clients of this we have represented people that were not told about the federal law by their original attorney. There are some judges in our county that admonish a defendant about the federal law.
Article needs to show that persons convicted of domestic violence, and even those that enter nolo pleas, are allowed to possess firearms if employed as police officer in many states! In the state of Georgia, if you were convicted of domestic violence even before the current law was passed, you are not allowed possession rights. Such a sad state of affairs when laws are made retroactive.
In 2008 I was arrested and charged with Domestic Battery after getting in to a fight with my brother. I was 46 and he was 53 at the time . He did not press charges. The state took the case. I was offered and accepted a plea deal. This was worst mistake of my life. I was lead to believe by my public defender that this was the best thing to do. This was not so. I was given bad advice and mislead by my public defender. Here I am 2 years later laid off , cant get a job. The law should be changed the Domestic BatTery charge is being use to broadly. This happened in IL. Is there anything I can do about it now or is It to late for me. Exspungment is out . Can some one help me please.
Attorney Chapman's response:
Check with a criminal defense lawyer in Illinois to see if your record can be sealed or expunged in that state.