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Domestic Violence Conviction and Firearm Possession Likely Impacted by Recent Supreme Court Decision

By Walin & Klarich

We have been discussing the impact on the U.S. Supreme Court's ruling in D.C. v. Heller and how that ruling might negatively impact on various gun regulations. In this installment, we discuss how this ruling might impact on the Lautenberg Act. (18 U.S.C. § 922(g)(9).) The Lautenberg Act provides that no person who has ever been convicted of a "misdemeanor crime of domestic violence" may ever possess a firearm. (18 U.S.C. § 922(g)(9).) Anyone who violates this law is guilty of a felony and can be imprisoned in a federal prison for up to ten years. (18 U.S.C. § 924(a)(2).) This means that, if you have ever been convicted, at any time in your life, of pushing, shoving, or slapping your spouse or significant other, and you possess a firearm, you are committing a federal offense...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 28, 2008 (boomark / email).