My son was charged with a misdemeanor domestic violence five years ago. He went to court and was not given any time but had to obey a restraining order, Last november he went to purchase a gun and when he went to complete the paper work he check no for the block have you ever been convicted of a misdemeanor crime, he checked no because both of us were thought once the restraining order was over the charges would be ex sponged. He ask the clerk at the store how he should answer the question and was told that could not help him he then read the exception for this question and after reading it he interrupted the answer to check no in the block. After the clerk ran his paper work he was told everything was fine so my son put the gun on layaway, in April he made the last payment and the store owner told him he would need to come back in an hour to pick up the gun. When he got there the state police were there and he was arrested for file a false statement on a document. Even if he had checked yes on the box he still would have been able to purchase the gun but in reading the exception he thought he was supposed to check know.
So, he was convicted of the crime I guess. He needs to now get a criminal defense attorney. Ignorance is no excuse. This shows you how important even a misdemeanor can be. It probably was not the stor owner that had him arrested but the law enforcement people who discovered the fact that he had actually been convicted.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
If he was convicted of domestic violence, he is prohibited from owning or possessing firearms under Federal law. Not sure about Virginia state law.
Many people are confused about convictions when no jail time is imposed. What the store owner told him can be mitigating and possibly negate his intent to commit the crime. Now that he has been charged, you should consult a local criminal defense attorney.
Get him to a criminal defense attorney asap. It's an interesting issue from a legal side. The attorney will need to do the proper research to determine what, if any, defenses there are to the charge.
This answer does not create a attorney/client relationship, but is intended solely in the court of discussion. It is always my recommendation to retain an attorney whenever a court appearance is necessary. This recommendation is highlighted when it relates to an individual's criminal record.
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