Need Help

[armyof3]

What is the name of your state (only U.S. law)? WI

I don't know if I'm in the right place here. I've been trying to enlist in the WI ARNG (Army National Guard) for 6 months, and have run into an issue of which I need help. I was charged with a felony over 4 years ago, and had it plead down to 2 misdemeanors (battery and disorderly conduct). I read through the statutes and subparagraphs in conjunction to my charge and convictions to see if there was anything in fine print stating anything about the charge or conviction(s) being domestic--they weren't. Part of the military is saying that there is no reason why I'm unable to enlist, yet, another part is saying that I classify under what they call lautenburg. JAG has instructed my recruiting SGTs to have me talk to the DA and see if he may be able to reduce everything from state statutes down to city ordinances. How would I go about doing this without reopening the case, seeing how the agreement was made over 4 years ago, I don't fall into the age bracket to have it exponged (20 years old or younger; I was charged when I was 21, and am 26 now), I've completed all of the programs required by the courts in this case, and I know that reopening the case could be more detramental than good. How would I go about doing this so that I may be able to complete the enlistment process?

[DRTDEVL]

Lautenberg = Domestic.


Try again, tell us what actually happened. Who did you strike?

[fozzy2]

The statute and/or the crime charged do not necessarily tell the whole story. Even if you are not charged with a "domestic violence" crime, if the facts underpinning the charge show such violence, you will probably be found ineligible for a firearm under Lautenberg. For example, suppose you are charged with 'simple' assault. It is a misdemeanor and the statute say nothing about domestic violence. BUT, if the police report, etc. says that you struck a girlfriend or spouse or whatever -- then you will probably be found ineligible.

Frequently people will "plead down" to try and avoid having a specific finding of "domestic violence" or of being convicted of a crime with domestic violence in the title. For example, they plead to simple battery instead of "battery of a household member". This way, it doesn't pop out obvious in a lot of cases. But if someone investigates and finds out that it was indeed a household member you battered -- then you are still ineligible even though you were never convicted of it and it wasn't an element of the crime.

So, what were the facts (or alleged facts) of your conviction? Never mind what you were convicted of in court, what supposedly happened to get the cops involved in the first place?
If it qualifies as "domestic violence" then you are ineligible for a firearm. So if you have any, better check with a lawyer real quick and find out if you should get rid of it.

[armyof3]

I was charged with reckless bodily harm to a child (my son), of which I was framed for (which I found out after accepting the plea)... it was amended down to battery to SS (my son) and disorderly conduct... I received 2 years probation, along with parenting classes (which were complete prior to any agreement made), and being compliance w/ CPS and the CHIPS case requirements, which I've since completed all of the afformentioned... it's been nearly 4 years since the offense... I read the WI statutes on the charge and convictions... there's nothing in those stats that state what I did was domestic... MEPS is the one that's fighting it...

[armyof3]

I have spoken w/ one of the DA's in my community (although he wasn't the one directly involved in my case)... I've been given an opportunity to talk w/ the head of the DA's office, but he's yet to return my call (which was made on Thursday)... if I don't hear back from him by Tuesday, I'm going to call again... my former defense attorney hasn't returned any of my calls requesting consultation on how to go about the process... people are gradually coming out of the wood work, but until then, I'm fighting an uphill battle...

[fozzy2]

There you have it - battery to your son. Under the Lautenberg Amendment that makes it a crime of domestic violence. Disqualified from gun ownership by federal law. It doesn't matter what the WI statutes, etc. say. The federal statute defines a "crime of domestic violence" and it would appear that your crime fits it. Doesn't matter how long ago, doesn't matter if you served your sentence (took classes, etc.). You'll probably need expungement or a pardon unless there is some reason your conviction wasn't qualifying (apparently you had a lawyer).

[armyof3]

the thing is MEPS is the only thing fighting it... no one else is... why is it that they no longer base enlistment off of the actual conviction in opposition to the charge now?? this doesn't make sense to me... I do know that JAG wants me to get it reduced down to a city ord., but would MEPS still try and fight it as a city ord.?? would I need to talk w/ my recruiter about possibly sending in a moral waiver??

[DRTDEVL]

Uhh... When you made the plea agreement, you were CONVICTED of BATTERY on your SON. What part of this is hard to understand? That's disqualifying you for an ACTUAL CONVICTION, nothing to do with the original charge.

[armyof3]

DRTDEVL, it's not that I don't understand what I was convicted of and how that factors into what's going on, but please reread my previous post... there's more to it than just that...

[DRTDEVL]

Unless you somehow miraculously come up with a way to become eligible to possess firearms again, it ain't gonna happen.

Google "Lautenberg"