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How can i avoid loss of second amendment "privledge" in a battery family violence case due to lautenberg amendment?

Norcross, GA |

wife and i had a dispute, neighbor calld G.C. P.D. rest is history. Saw official opinion from Ga. attourney general stating A nolo plea doesnt constitute conviction for purposes of lautenburg ban,but that completley contradicts atf faq's. federal law states jurisdictions interpratation of "conviction" applies. ???? any help would be greatly appreciated , my attourney cant answer my question's much confusion on this topic

Attorney Answers 5

Posted

Fight the charges and win.

There is no confidentiality online. You are presumed innocent until proven guilty beyond reasonable doubt.

Best person to ask is your attorney. If you cannot find your attorney, or find a local attorney on Avvo, a good place to look is the website for the National Association of Criminal Defense Lawyers (NACDL.org)
NACDL local members: (http://tinyurl.com/8ru8wtv)
NACDL Local affiliates: (http://tinyurl.com/8akw2gd)

FEDERAL LAW: POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON:
18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment. Possible minimum sentence of 15 years without parole if offender has three or more prior convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony.

Elements:
A. Possession or receipt of a firearm or ammunition;

B. By a subject who falls within one of the following categories: Felons; Addicts; Aliens; Subjects to a domestic restraining order; Prior conviction for domestic assault; Fugitive from justice; or Dishonorably discharged from the military;

C. The firearm or ammunition was transported across a state line at any time.

There may also be state considerations: http://www.handgunlaw.us/states. (I make no representations about the site's accuracy or currentness; you should double check on your state legislature website or local law library.)

Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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Posted

The State and Federal government often have a different interpretation of what is a "conviction." Normally, outside of traffic law, a nolo plea is treated as a conviction. In terms of gun laws, the Federal interpretation will also control. Therefore, the only way to insure that you keep your rights is to get the case dismissed or to get a not guilty verdict at trial. You may also be able to enter a pretrial diversion program that would result in a dismissal upon completion. If you are not satisfied with your counsel to the extent that you are coming on here for answers, you should consider retaining new counsel to complete your case. Good luck.

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Posted

You need to fight and win this case to ensure you keep your second amendment rights in this case. the only other acceptable result is a form of dismissal, most likely through some sort of pre-trial diversion style process.
If these are issues that matter to you invest in local counsel as soon as possible. You want someone who frequents your local courts so I would look at Gwinnett, DeKalb and Fulton for Domestic Violence lawyers.
Good Luck!
Warmly,
Josh Schiffer

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Posted

Your attorney is the best person to answer the questions you have about your particular case. However, if you cannot get your questions answered, you may want to consider new counsel.
Just from the facts that you've presented, there may be a couple of different ways to help you keep your gun rights. However, without knowing the full picture, I cannot give a full answer.
Please let me know if I can be of assistance. I would be happy to help.
Regards,
M. Jason Rhoades

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Posted

The Second Amendment confers a RIGHT, not just a privilege.

The federal government's definition of "conviction" will control. Georgia doesn't get to tell the feds what is and isn't a "conviction" for purposes of 18 U.S.C. 922(g). The only way around the 922g ban is to fight the case and win.

For for information, contact me at www.SteakleyLawFirm.com or (404) 835-7595

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