Since Lautenberg Amendment provides "indefinite" prohibition of someone convicted of domestic violence to "possess, carry, sell, or buy" firearms and ammunition under Commerce Clause (or guns that were part of the Interstate Commerce), is it legal for someone convicted of Misdemeanor of Domestic violence to manufacture his own firearms from the parts that he/she had milled/metal/forged and worked from their own raw resources?
As again the question is whether prohibited persona (in this case of misdemeanor of domestic violence) can or cannot legally own the firearm and ammunition that he created by him/herself for personal ownership and use with no parts that had been part of Interstate Commerce?No, I do not own a firearm, but want to find whether is it legal for me to own a firearm since I have background in steel milling, forging and seven years of military experience that provides me skills with doing so. The question is the legality whether is this allowed or not.
In most (if not all) jurisdictions in the United States the law regarding Domestic Violence and the right to bear arms have changed in tandem with one another. The general rule is that once an individual has a Domestic Violence conviction on his or her criminal record he or she will lose the right to bear arms. This is one reason why many of our clients in Nevada hire us to provide a strenuous and vigorous defense to Domestic Violence charges very early on in the process in hopes of plea bargaining down to a more innocuous misdemeanor offense, such as Disturbing the Peace, to avoid any unintended loss of civil rights or privileges. At this stage you might want to contact a criminal defense attorney to see about getting the case back on calendar so that you might be able to withdraw your plea and plead to a different offense should you find an amenable prosecutor.
No. The commerce clause has been found to reach virtually everything in the country. One classic case stated that it reached wheat a man grew in his own backyard that he was going to use for his own family. No, you may not have a firearm, even if you make it yourself.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline