Domestic violence misdemeanor: Can I purchase a firearm?

This is a discussion on Domestic violence misdemeanor: Can I purchase a firearm? within the Other Criminal Law Matters forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; I live in Michigan and had just plead to a domestic violence misdemeanor. I was sentenced to 45 days in ...

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Old Dec 20th, 2008, 06:59 PM   #1
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Default Domestic violence misdemeanor: Can I purchase a firearm?

I live in Michigan and had just plead to a domestic violence misdemeanor. I was sentenced to 45 days in county jail. When my personal belongings were picked up the paper from the police station read "cruelty to spouse-non violent". So I have a few questions...1) Can I purchase a firearm? Rifle/handgun? 2) Can I possess a firearm? I have several rifles that was purchased prior to my conviction. I want to get them out of my home if I am not even allowed to have them.
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Old Dec 20th, 2008, 11:24 PM   #2
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Default re: Domestic violence misdemeanor: Can I purchase a firearm?

I have not seen Michigan law but as a general rule a Domestic Violence conviction will result in your gun rights being stripped fo ten years
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Old Dec 29th, 2008, 06:09 PM   #3
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Default re: Domestic violence misdemeanor: Can I purchase a firearm?

I have found info on gun laws and domestic violence misdemeanor and it stated that you can not purchase or own a gun.But.....for assault & battery you can. How ridiculous is that. They are both essentially the same thing but the DV is because you have had a relationship (ie wife, husband g/f, etc).
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Old Dec 29th, 2008, 06:33 PM   #4
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Default re: Domestic violence misdemeanor: Can I purchase a firearm?

wanna hear the bummer?...

It's federal law and lifelong which means you need to pass those babies down to your closest relative. After that you can contact your local sheriff's office to make sure that the federal law applies directly to your case. (The non-violent part throws me off a bit....)

In many states the sheriff's dept. will come and seize your weapons after a DV plea.
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Old Jan 5th, 2009, 05:13 PM   #5
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Default re: Domestic violence misdemeanor: Can I purchase a firearm?

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Originally Posted by lori509 View Post
wanna hear the bummer?...

It's federal law and lifelong which means you need to pass those babies down to your closest relative. After that you can contact your local sheriff's office to make sure that the federal law applies directly to your case. (The non-violent part throws me off a bit....)

In many states the sheriff's dept. will come and seize your weapons after a DV plea.
Whats even sadder is that the same act can be committed by the same person but to another (non relation) and it only be assault/battery. Then it would be okay to possess/purchase a gun in Michigan. Doesn't make any sense to me.
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Old Apr 30th, 2013, 11:17 PM   #6
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Default Re: Domestic violence misdemeanor: Can I purchase a firearm?

U.S. v. Wegrzyn, the Sixth Circuit Court of Appeals held that as long as you are no longer incarcerated for the Domestic Violence conviction, you are no longer “convicted,” because, while your voting rights are stripped during the incarceration under MCL 168.758b, this is a civil right that is “restored” as soon as your incarceration has ended. See 18 U.S.C. 921(a)(33)(B)(ii) (“while confined”).
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Old May 1st, 2013, 01:25 AM   #7
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U.S. v. Wegrzyn, the Sixth Circuit Court of Appeals held that as long as you are no longer incarcerated for the Domestic Violence conviction, you are no longer “convicted,” because, while your voting rights are stripped during the incarceration under MCL 168.758b, this is a civil right that is “restored” as soon as your incarceration has ended. See 18 U.S.C. 921(a)(33)(B)(ii) (“while confined”).
While this is a necropost I think it's important to clarify.

The restoration of gun rights is ONLY if the misdeamenant did not serve jail time. OP in this long ago case did.
United States v Wegrzyn, 106 F Supp 2d 959, 960 (WD Mich, 2000) read it all.
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