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Am I restricted from owning a handgun?

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cordump2001

Junior Member
Duval County, Florida

I was adjudged guilty of a single charge of misdemeanor battery/domestic in Duval county FL back in 1997. My former wife and I were going through a difficult divorce at the time and this all stemmed from an argument we had during that time. I have since remarried many years ago and have two sons a 2 & 3 yr old. I also have no other record nor been in any trouble since 1997. My wife & I we were thinking about purchasing a handgun for our home for personal protection and had a few questions.

1. Can I purchase a handgun or am I restricted from owning one because of my change that occurred 19 years ago?
2. If I am restricted by my record can I have my rights to own a handgun restored.
3. If I am restricted from owning a handguns am I also restricted from hunting rifles.
4. Lastly, is it ok for my wife to purchase and register a handgun under her name and keep it in our home?
 


Mass_Shyster

Senior Member
Duval County, Florida

I was adjudged guilty of a single charge of misdemeanor battery/domestic in Duval county FL back in 1997. My former wife and I were going through a difficult divorce at the time and this all stemmed from an argument we had during that time. I have since remarried many years ago and have two sons a 2 & 3 yr old. I also have no other record nor been in any trouble since 1997. My wife & I we were thinking about purchasing a handgun for our home for personal protection and had a few questions.

1. Can I purchase a handgun or am I restricted from owning one because of my change that occurred 19 years ago?
I don't think so. See 18 U.S. Code § 922 below
2. If I am restricted by my record can I have my rights to own a handgun restored.
I don't know. I'm not familiar with Florida laws
3. If I am restricted from owning a handguns am I also restricted from hunting rifles.
I think so. See 18 U.S. Code § 922 below
4. Lastly, is it ok for my wife to purchase and register a handgun under her name and keep it in our home?
Your record does not prevent your wife from possessing firearms under Federal Law. Again, I don't know if there are laws in Florida that would prohibit her from possessing them.

18 U.S. Code § 922 - Unlawful acts
(g) It shall be unlawful for any person—
.
.
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
 

cordump2001

Junior Member
Is there any way to get the right restored?

It's just difficult to believe one change in one's entire lifetime disqualifies them from ever owning a firearm. Especially when an extended period of time has passed and the individual has shown no further propensity to violence. Seems like a very wide net that many could get caught up in and and lose their rights. Seems kind of like a Second Amendment gun grab. Heck, even convicted felons can petition the courts to have their rights restored after getting out of prison.
 

Ohiogal

Queen Bee
Is there any way to get the right restored?

It's just difficult to believe one change in one's entire lifetime disqualifies them from ever owning a firearm. Especially when an extended period of time has passed and the individual has shown no further propensity to violence. Seems like a very wide net that many could get caught up in and and lose their rights. Seems kind of like a Second Amendment gun grab. Heck, even convicted felons can petition the courts to have their rights restored after getting out of prison.
Nope -- re the bolded. You miss the well-regulated phrase when you read the 2nd Amendment. Why should you get a gun when you have been violent towards a loved one? Omar Mateen got a gun legally. And yet, he killed 49 people. I am on the side saying if you were convicted of being violent towards a loved one, YOU do NOT deserve a gun legally.
 

FlyingRon

Senior Member
People don't understand that the second amendment doesn't overrule the fifth amendment (or common sense). You can be denied " life, liberty, or property" provided you are given due process. Your trial was the due process.

If you were convicted in Florida, if eight years have passed since your discharge (probation, parole, or sentence), you can apply for clemency. This may restore your gun rights (though you need to make sure that the order provides for such).
 

cordump2001

Junior Member
Nope -- re the bolded. You miss the well-regulated phrase when you read the 2nd Amendment. Why should you get a gun when you have been violent towards a loved one? Omar Mateen got a gun legally. And yet, he killed 49 people. I am on the side saying if you were convicted of being violent towards a loved one, YOU do NOT deserve a gun legally.
Wow really, comparing me to a raging maniac without knowing any information. Pretty presumptuous of you actually.

I had a argument with a wife who I caught having an affair. When confronted she started hitting me over and over. I continued to ask her to stop and she wouldn't. I pushed her away from me and went out of the home to get away from her. While I was gone she called the police and claimed I hit her. Shen then called me and told me I was screwed. I told her I would come home speak to the police and she would be screwed when they found she filed a false report. When I got there the police arrested me without even asking me anything. I continued to try and tell them I didn't do anything but they would not listen. They had absolutely no interest in hearing anything I had to say. Not one word. I was taken to jail and released the next day. Side note: while I was in jail she cleaned out our house including all my clothes. This made me think she actually had planed this whole event. Actually I still believe she had help from they guy she was having an affair with.

Anyway, I was changed with domestic battery so I hired a lawyer. I knew I was innocent so I was determined to go to trial if I had to, which I did. During the trial my lawyer was completely incompetent and counseled me not to testify on my own behalf. I didn't feel right about it but I figured he knew what he was doing. Bad mistake. When the jury was deliberating they came out and asked to see the restraining order I filed on my wife the day after I got out of jail. He refused their request. 5 min later they came back with a guilty verdict. Obviously I was blown away and so disapointed. I knew I had not done what I was changed with and now found guilty of. I completely lost faith in the judicial system. I now understood how innocent people ended up on death row. It was a real eye opener. Nevertheless I am not a violent person. Anyone who knows me knows I am one of the easiest going people they know. Anyway, I also had a daughter at the time who was 2yo. It was heartbreaking that our family was being destroyed by my former wife's infidelity & now I was convicted of DV. I was heartbroken. More so for my daughter than anything. Fast forward to the present. My daughter is 21 and has a beautiful baby girl who is 9mths old. I was not a deadbeat dad regardless of the ill feelings I felt from my former wife. I paid every penny of child support over the years and continue to be heavily involved with her and my granddaughter. I am also remarried with a 2yo and 3yo boy. My wife and I are heavily involved in our church and do much volunteer work around town for sick, needy and less fortunate. We are not naive however and know there is violence in the world and simply want a handgun for personal protection in our home. Its crazy that something that happened so many years ago is still affecting us in this way so may years later.

So I say to you is there anything you may have done in your life 19 or more years ago that could have taken away any of your rights if you had been caught? Did you ever drive drunk, steal anything, hit someone, anything at all. Are you perfect in every way? Probably not. If fact I would dare say we all have things we did in the past that we are grateful don't haunt us today.

I tell all of this to say, be careful about jumping to assumptions. Its easy to categorize everyone in a wide net and make assumptions without all the information. I have found in my many years this to be very narrow minded and dangerous. Not all who have been convicted of DV are violent people just as not all who have been convicted of murder are guilty. The courts try to do the best job they can but they are run by people. People are imperfect. Mistakes can and do happen.

Anyway I was doing some more research and it looks like I may be able to get my record expunged or set aside. I'm going to look into a lawyer who will help me in that regard.
 

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