Q: Can I own a firearm if I was charged with DV assault and subsequently the prosecution reduced/amended the charge?
I was charged with Assault IV Domestic. The court quickly offered a plea bargain to plead guilty to harassment. The convicted charge is specifically NOT a charge of domestic violence. The court removed the DV from the case entirely. All records besides the initial police report don’t mention DV at all. When I took the plea my only concern was my 2nd amendment rights and the public defender said they would not be affected because the amended charge was not DV so I would not be considered convicted if dv. It turns out the FBI does not agree and I was denied the purchase of a firearm. I appealed and they quoted lauenberg. Is there any recourse here to fix this? I would’ve never taken the plea if I knew I’d lose my rights. I would’ve gone all the way.
I’d argue Lauenberg was written so offenders in states without DV laws still were held to the ban. It wasn’t intended to enhance a charge after the prosecuting court willfully and intentionally amended to not be a DV.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Your situation highlights a challenging intersection between state and federal laws. Under the Lautenberg Amendment, individuals convicted of a misdemeanor crime of domestic violence are prohibited from possessing firearms. Even if your state charge was amended to remove the "DV" designation, the federal definition might still view it as a qualifying offense, depending on the facts and circumstances of the case.
You should consult with an attorney experienced in both firearms law and domestic violence cases in your jurisdiction. Depending on the specifics, you may be able to seek an expungement, set aside, or another remedy to restore your firearms rights. However, success is not guaranteed, and the process may be lengthy.
It's also essential to understand that any attempt to purchase or possess firearms while under a federal prohibition can result in significant criminal penalties. Before proceeding, ensure you have a clear understanding of your legal status concerning firearm ownership.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
