Lautenberg Amendment

[Cali2Texas]

The Lautenberg amendment wasn't law until 1996 so I don't see how it could apply to your conviction.

It was in place well before my conviction. Furthermore, it's retroactive anyway.

Congress is prohibited from passing ex post facto laws by clause 3 of Article I, Section 9 of the United States Constitution.

I am finished commenting on this thread.

While true, it's also true that they enforce Lautenberg retroactively and I'm not looking to become a martyr in court for the cause. Especially since mine was post-Lautenberg anyway, so it's a moot point.

On a similar note, the issue of lifetime ban on 2A firearms for a misdemeanor has already been to SCOTUS (Supreme Court) in United States vs Castleman. 9 to 0 in favor of enforcement.

[bblhd672]

I have not applied and have not purchased. I don't know. That's what I'm trying to determine.

It would be amazing if Mr. Cotton himself would weigh in.

[Bad Hombre]

Do you own a handgun? If not, I think worries about Texas CHL eligibility puts the cart before the horse.

[ScottDLS]

If it was expunged...you're fine. You'd probably be fine anyway unless California marked it as a DV conviction in NCIC, which seems like your lawyer was trying to avoid in the first place by pleading it to Disturbing the Peace. You have to be found guilty/plead guilty to an OFFENSE that involves physical force used against a spouse/domestic partner/family member. The Feds don't get to go through the trial documents to determine the physical force ALLEGED in the complaint, they go to the definition of the offense you pled guilty to. Even if they do get to, they won't.

What if you ran into your wife with your car and were charged with attempted murder of your spouse? But then Johnny Cochrane taking your case after getting OJ off got it down to "speeding". Does Lautenberg apply? And do the Feds go into every speeding ticket to find out of it's DV when they run a NICS?

If you want to find out without hiring a lawyer, but with more certainty than reading my post on an internet forum. Go down to Academy and buy a rifle. Then apply for you LTC.

[jmorris]

Can you legally own a firearm? Have you purchased one in the past ten years and got a NICS approve?

I have not applied and have not purchased. I don't know. That's what I'm trying to determine.

It would be amazing if Mr. Cotton himself would weigh in.

I wouldn't think he'd weigh in on anything that could be construed (not necessarily by you) as a legal opinion.

[kg5ie]

Do you own a handgun? If not, I think worries about Texas CHL eligibility puts the cart before the horse.

[lfinsr]

I think the real answer lies in what the court documents say and you will definitely have to provide DPS these records. In my opinion, you're not going to get the real answer you're looking for without more info.

I read thru one of the links you provided, and based only on that one opinion, if I were in your shoes I would feel good about trying to purchase a firearm and truthfully filling out the 4473. If it came down to it, as you said, it might be incumbent on you to prove you weren't living together.

FWIW, I'm on your side. I believe everyone should have the opportunity to redeem themselves and petition to get their rights back. Repeat offenders I have no sympathy for. Many of us (me included, I just didn't get caught) made mistakes when we were young and dumb. It shouldn't haunt you the remainder of your life if it truly was a one-time mistake.

Just my 2 cents worth and IANAL. I wish you luck.

[growlerVII]

14 Years ago in southern California, I was arrested on PC 273.5 (Corporal Injury on a Spouse or Cohabitant) and my lawyer successfully encouraged me to accept a PC 415 misdemeanor (Disturbing the Peace), which is a frequently used plea charge for domestic here. A possibly important factor is that my girlfriend at the time did not live with me and was merely visiting from long distance. We got married a couple of years later and still are. We're moving to Texas in two months to finally get out of Cali's left-wing, tree hugging, oppressive police, tax, and regulations regime (as well as a better career opportunity).

My lawyer (and therefore also me) did not realize there may be long-term problems with gun permits with regard to the Lautenberg Amendment, and I wouldn't have let it go so easily otherwise. It seems like this is a pretty common series of events.

Later on, the charge was expunged per California law PC 1203.4. But California expungement does not work exactly like it does in many other states.

I've consulted a couple of attorneys who are not able to give me a clear answer as to whether I would be approved or denied - on the basis of the Lautenberg Amendment - for a gun permit. Therefore, it's obvious this is a fairly complicated question. I do realize the easiest approach would be just to apply and find out, and that will eventually be exactly what happens, but I would really like to have an educated opinion on this matter prior to an embarrassing application.

Thanks!

Speaking from experience: if your charges were misdemeanor and expunged from cadoj then you should be good to go.You can run a background check through them. An expunged charge of disturbing the peace is not the same as domestic violence. IANAL but, I had to go through this same sort of rigamarol with California.