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.
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- by ScottDLS
- Sat Apr 01, 2017 12:21 pm
- Forum: General Texas CHL Discussion
- Topic: Lautenberg Amendment
- Replies: 22
- Views: 9025
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