I'm trying to get clear answers about buying a gun and have questions of what to do.: I'm engaged to be married and my future wife has a ex who has abused and raped her and harmed our kids he has made threats recently that has me on edge and trying to protect my family. I've been charged with domestic violence when I was younger and was wondering what my steps should be. I just got my concealed permit and was wondering the chances of being declinded before filling out the paper work.
Brian’s answer: When you buy a gun at a dealership or gun show, you'll need to fill out a form called an ATF Form 4473. It has a series of questions about your background, etc. Question 11i asks if you've ever been convicted of domestic assault. In your question, you said you were charged with Domestic Assault rather than saying you were convicted of Domestic Assault. If you meant to say charged, then your fact pattern presents to bar to buying a handgun and concealing weapons. If you meant convicted, then make sure you disclose it accurately on the form. If you do otherwise, you may be charged with a crime for it. Under Virginia law, you arent allowed to buy OR POSSESS a firearm if you've been convicted of domestic violence unless you go through the process of Restoring your Gun Rights. There are subtle nuances to those laws but what I've described is the general rule and the rules the State Police will use when considering your possession of the weapon. If someone else, like your fiance. She can buy and possess if not otherwise prohibited, even if its in your house. Just dont fiddle with her guns.
Suspended DL for suspicion of DUI?:
I was pulled over and arrested in February 2018 for suspicion of DUI. My drivers license was suspended pending the investigation. After a blood test and court was over I was found not guilty.
Now I have this suspension on my record for a crime I was found innocent for and it’s causing problems for my drivers insurance.
Is there anything I can do?
Brian’s answer: By law, a person's driver's license is suspended for 7 days minimum when arrested for a DWI. It's not considered a punishment related to the DWI but is called an administrative license suspension. That suspension is supposed to end automatically after the 7 days. By the time you went to court, the admin suspension should have been over for a long time and your privilege restored too. So when you were found not guilty, there should have been nothing further. However, your driving record at the VA DMV would show an administrative suspension for that 7 days, with an end date too. Its on your record but should not affect you at all. If it is still there AND didn't end, something else is wrong or the government made a mistake. You can go to the DMV and ask if your driver's license is suspended or not. If so, ask for a compliance summary and a copy of the record and go see a defense attorney who can get the court or DMV to correct the mistake. If the suspension is real and not a mistake, that lawyer can help you fix it then too. All the best.
How many years can you get in jail for 2 counts of malicious wound and possession of a gun charge and stolen goods ?: Boyfriend has no criminal record , he’s getting charged with Malicious wound and a gun charge he’s also 18.
Brian’s answer:
Malicious Wounding is a felony found at Virginia Code section 18.2-51. It says
If any person maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill, he shall, except where it is otherwise provided, be guilty of a Class 3 felony. If such act be done unlawfully but not maliciously, with the intent aforesaid, the offender shall be guilty of a Class 6 felony.
For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
The difference is the concept of malice. If the act was done without malice (without calculation or determination to maim) it could be a class 6 felony. Otherwise, its a class 3.
In the question, your boyfriend has 2 mal wounding charges so things could be doubled. The when a person is tried/sentenced, the Virginia Criminal Sentencing Guidelines consider several factors to add or subtract time based upon the severity of that factor. So malice is a factor. Having a gun when doing this. Using a weapon when doing this. Being on parole. etc. Those would add to the actual sentence imposed but not to the maximum amount of jail time. In the case of 2 mal wounds, that would be 40 years or 21 years or 2 years depending upon the malice factors.
There are a number of things a lawyer can do to minimize this.
Another consideration is whether your boyfriend was 18 at the time of the offense or 17. If he was a juvenile, much of this information would need to be revised.
Before he/you jump off the cliff, it rarely turns out that a person gets anything even remotely close to that though. There is 1 circumstance when a person with malwounding faces a mandatory minimum of 5 years in jail. That would be one of the big focuses of representation for your boyfriend. Call a lawyer and get some help. Good luck with this.
Brian Geno
Geno Law Firm
10617 Jones Street, Suite 201-B
Fairfax, VA 22030
703-691-GENO (4366) Office
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