Are you a hunter? Do you like exercising your constitutional right to bear arms? If you or someone close to you is charged with a misdemeanor for domestic violence, there are some facts you should know before going to court.
Persons who have been convicted in any court of a qualifying misdemeanor crime of domestic violence (MCDV) generally are prohibited under Federal law from possessing any firearm or ammunition in or affecting commerce (or shipping or transporting any firearm or ammunition in interstate or foreign commerce, or receiving any such firearm or ammunition). This prohibition also applies to federal, state, and local governmental employees in both their official and private capacities. Violation of this prohibition is a federal offense punishable by up to ten years imprisonment. See Title 18 U.S.C. § 922(g)(9) (the Lautenberg Amendment); see also 18 U.S.C. §§ 921(a)(33), 924(a)(2), 925(a)(1); 27 C.F.R. §§ 478.11, 478.32.
Does your MCDV charge have the potential to be a qualifying offense? A qualifying MCDV is an offense that:
- Is a federal, state, local, tribal, or territorial offense that is a misdemeanor under federal, state, or tribal law;
- Has the element of the use or attempted use of force, or the threatened use of a deadly weapon; and,
- At the time the offense was committed, the defendant was:
- A current or former spouse, parent, or guardian of the victim;
- A person with whom the victim shared a child in common;
- A person who was cohabiting with or had cohabited with the victim as a spouse, parent, or guardian; or
- A person who was or had been similarly situated to a spouse, parent, guardian of the victim.
For more in depth information about the implications of misdemeanor crimes of domestic violence see https://www.atf.gov/files/publications/download/i/atf-i-3310-3.pdf
If you find yourself in one or more of the situations listed above, you need experienced representation. Tom Fleener is an experienced criminal defense attorney—as a former US Army JAG Officer and Federal Public Defender, Tom is well-equipped with the skills necessary to achieve the best possible outcome for charges of misdemeanor and/or felony domestic violence. Contact Tom today for a free consultation of your case.