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Was accused of domestic violence in Virginia and at court i was offered to take a plea deal,

Hampton, VA |
Attorney answers 2

Posted

There is nothing that prevented you from owning a firearm during the probation, unless it was a term of your probation or you were prohibited due to a protective order. You have not been convicted of anything; you merely have a pending charge at this point. If you are convicted of domestic violence, there is a federal statute that prevents you from possessing a firearm anywhere in the U.S., not just VA.

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James Regan

James Regan

Posted

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.) Another helpful site: http://www.abacollateralconsequences.org

Posted

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.) Another helpful site: http://www.abacollateralconsequences.org

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