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15 and Stupid!

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ArmyRigger

Junior Member
Everett, WA


Everett, WA

Ok, before I start I know I am going to get reamed and bashed on this one, but I was stupid.

This is how it all started.

I was 15, it was a few weeks after Christmas holiday, and I was arguing with my Sister. My mom stepped in to pipe me down because I had a big ego problem back then. When my mom stepped in to intervene I had a few choice words and she slapped me across my face 4 or 5 times, and when she went to hit me, I grabbed her wrist so she wouldn't hit me again. I didn't punch, hit, scratch, bite, just grabber her wrist for a mere few seconds and let go. (I know what you are thinking “just”) She didn't like that and she called the police. The police came and he was just going to make a report and leave on his way BUT I HAD AN EGO PROBLEM, so it wasn't that easy. I thought that I knew everything, and I was cool so I smarted off to him. He took me to jail, and I spent 2 weeks in Juvy, and was released. The court had found Deferred Adjudication. (I’m not sure what that means, but I spent 6 months on probation. They told me that I would do 6 months and my record would be clean with the Courts! THAT WAS TRUE, BUT THE NCIC said differently. ( I found that out when I enlisted in the Army. )

Any who,
When I enlisted the Army, I went to the County Court where the record would have been, and there was no record so we thought we were good when it came to the NCIC, wrong! NCIC said I had an assault on a family member, but it didn't say what family member. So, whatever I told them, was that since there was no police report. I told them the truth because I was scared.

Here is the Question:

Because of all this and NCIC, is it possible for me to be able to possess a firearm? I was underage at the time. ( Not an excuse, just helping you to help me) I asked this because wouldn't assault on a family member be DV, and DV would bar me from owning a firearm, but it wouldn't bar me from enlisting, and serving my county. I have been in the Army for 2 years and now have a secret security clearance. So what would be your input on me being able to possess a firearm?

P.S. I know what I did was wrong, and I don’t brag about it, so don’t try to talk down to me it was a mistake, and I am paying for it.
 


quincy

Senior Member
ArmyRigger, consider yourself reamed and bashed.

The record of your arrest for domestic violence may have been "expunged" and not accessible to ordinary background checks, however the record does not disappear, and law enforcement and the F.B.I. can still access the record. It appears from my brief research that anyone convicted in any court of a misdemeanor crime of domestic violence is ineligible to own a gun. I am not sure if this applies to crimes committed as a minor, however, so you should wait for other posters who may know more about gun laws than I do.
 

xylene

Senior Member
What exactly is your problem? I don't follow.

You are in the Army? Are they going to kick you out? :confused:

or do you just want a private firearm.

I mean get a lawyer, because either way it is not a self help situation, if any help available.
 
A conviction for misdemeanor domestic violence against your parent does NOT cause you to lose your firearm rights, under Federal law. State laws MAY vary.

http://www.atf.gov/pub/fire-explo_pub/i33103.pdf
A qualifying MCDV is an offense that:
Is a federal, state, or local offense that is a misdemeanor under federal or state law;
Has as an element the use or attempted use of physical force, or the threatened use of a
deadly weapon; and,
At the time the MCDV 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, or guardian of the victim.
EXCEPTIONS: A person has not been convicted of a qualifying MCDV:
IF the person was not represented by counsel — unless he or she knowingly and intelligently waived the right to counsel;
IF the person was entitled to a jury trial AND the case was not tried by a jury — unless the
person knowingly and intelligently waived the right to jury trial; or,
IF the conviction was set aside or expunged; the person was pardoned; or, the person’s
civil rights – the right to vote, sit on a jury, and hold elected office – were restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense).
BUT: This exception does NOT lift the federal firearms prohibition if:
the expungement, pardon, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms; or, the person is otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms.
 

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