Virginia Gun Owners Forum - VGOF

by **m1helmethead** » Mon, 26 Jul 2010 20:17:48

Hey guys,

Newbie here and I have a question about this domestic violence act and VA law. Back in 2005 I pled no contest to a stalking charge that was charged by a ex gf. If I could go back and change things I would but I was young and dumb and let my emotions carry me away. But I wanted to know if stalking is considered a domestic violence charge? Does this mean I can not own or purchase a firearm? At the time my lawyer told me it would have no effect but now that I look back on it I don't really think he knew what he was doing.

Any advice would be appreciated as I am looking at getting a rifle or a handgun and I want to be legal.

Thanks

by **gunderwood** » Mon, 26 Jul 2010 20:58:41

Didn't you post here on this topic already or was that someone else?

by **m1helmethead** » Mon, 26 Jul 2010 21:02:46

That was someone else.

by **gunderwood** » Mon, 26 Jul 2010 21:06:20

IANAL, but I think you're SOL. I don't agree with it though, not that it does you much good.

Edit: I would get a lawyer though and see what they say.

by **m1helmethead** » Mon, 26 Jul 2010 21:40:32

/sigh thats not to fair...I hope its not the case. Can anyone recommend a good lawyer perhaps?

by **allingeneral** » Mon, 26 Jul 2010 21:53:54

Take a look at the link below and make a couple of phone calls. Have your ducks in a row - specifically, have in front of you, the exact charge and the exact Virginia Code that was violated. Make a couple of calls, and you might be able to get your question answered over the phone in a quick 5-minute discussion.

http://www.hkshooter.net/lawyers/
(This link is available in the top left of this site under "Legal resources")

by **allingeneral** » Mon, 26 Jul 2010 21:58:46

allingeneral wrote:http://www.hkshooter.net/lawyers/
(This link is available in the top left of this site under "Legal resources")

Also check the "VA Case Law Search" link under Legal Resources and do some searching for the Statute that you violated under your No Contest plea...might be some good reading there.

by **gunderwood** » Mon, 26 Jul 2010 22:20:54

VCDL has a list too.

by **m1helmethead** » Mon, 26 Jul 2010 23:37:30

Excuse me I made a mistake I was not convicted the case ended up being dismissed in 2007. Does that mean I am in the clear?

by **Mindflayer** » Tue, 27 Jul 2010 00:08:50

m1helmethead wrote:Excuse me I made a mistake I was not convicted the case ended up being dismissed in 2007. Does that mean I am in the clear?

Best bet is to spend the money and talk to a lawyer.

by **Diomed** » Tue, 27 Jul 2010 00:13:06

m1helmethead wrote:Excuse me I made a mistake I was not convicted the case ended up being dismissed in 2007. Does that mean I am in the clear?

Per the feds:

18 USC 921 wrote:(B)
(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—
(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

A dismissal does not seem to fall into that scope.

by **m1helmethead** » Tue, 27 Jul 2010 00:24:46

Diomed wrote:
m1helmethead wrote:Excuse me I made a mistake I was not convicted the case ended up being dismissed in 2007. Does that mean I am in the clear?

Per the feds:
18 USC 921 wrote:(B)
(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—
(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

A dismissal does not seem to fall into that scope.

I'm still going to check with a lawyer but from what you have posted here I should be good to go correct?

by **allingeneral** » Tue, 27 Jul 2010 08:29:30

m1helmethead wrote:I'm still going to check with a lawyer but from what you have posted here I should be good to go correct?

I don't think you're going to get anyone here to jump up and exclaim "Yes, you're good to go - now go buy a firearm and test my theory!"

We aren't lawyers - we just play lawyers on the internetz, and none of our points should be accepted as legal advice. You really should discuss this with a lawyer as linked to in a previous post. Make some phone calls, be brief, take as little of the man's time as possible and you may get your answer that way without having to pay for a sit-down consultation.

If the charge was dismissed, you may be able to get it expunged, or removed from your record.

by **m1helmethead** » Tue, 27 Jul 2010 09:34:23

allingeneral wrote:
m1helmethead wrote:I'm still going to check with a lawyer but from what you have posted here I should be good to go correct?

I don't think you're going to get anyone here to jump up and exclaim "Yes, you're good to go - now go buy a firearm and test my theory!"

We aren't lawyers - we just play lawyers on the internetz, and none of our points should be accepted as legal advice. You really should discuss this with a lawyer as linked to in a previous post. Make some phone calls, be brief, take as little of the man's time as possible and you may get your answer that way without having to pay for a sit-down consultation.

If the charge was dismissed, you may be able to get it expunged, or removed from your record.

Hey sorry didn't mean to piss ya off bud. I was just kinda anxious. Thanks for the replies.

by **SgtBill** » Tue, 27 Jul 2010 09:51:35

I don't think you pissed off anyone. But you can't expect anyone on this board to give you advice that might come back and bite them in the ass. Speaking to an attorney was good advice, take it and get the old case expunged. Once you do that then IT NEVER HAPPEND.
Bill

by **allingeneral** » Tue, 27 Jul 2010 10:21:55

m1helmethead wrote:
allingeneral wrote:
m1helmethead wrote:I'm still going to check with a lawyer but from what you have posted here I should be good to go correct?

I don't think you're going to get anyone here to jump up and exclaim "Yes, you're good to go - now go buy a firearm and test my theory!"

We aren't lawyers - we just play lawyers on the internetz, and none of our points should be accepted as legal advice. You really should discuss this with a lawyer as linked to in a previous post. Make some phone calls, be brief, take as little of the man's time as possible and you may get your answer that way without having to pay for a sit-down consultation.

If the charge was dismissed, you may be able to get it expunged, or removed from your record.

Hey sorry didn't mean to piss ya off bud. I was just kinda anxious. Thanks for the replies.

You haven't pissed anyone off. I understand the position that you're in and the fact that you want some sort of definitive answer - I'm just saying that this is not the place for a definitive answer.

by **m1helmethead** » Tue, 27 Jul 2010 16:22:36

Spoke to Inger out of Winchester he says if it was dismissed I am fair game to purchase and own!
I am excited. Thanks guys!

by **gunderwood** » Tue, 27 Jul 2010 16:28:40

m1helmethead wrote:Spoke to Inger out of Richmond he says if it was dismissed I am fair game to purchase and own!
I am excited. Thanks guys!

Knowing now that it was dismissed, I would say you are good to go too, but I'm not a lawyer. Forums are good to get guidance, but final legal advice should always come from a lawyer and in writing when possible. Glad to hear it.

by **Mindflayer** » Tue, 27 Jul 2010 17:03:06

Get it in writing and get your criminal record on paper.

This really applies to everyone. I was up for a lucrative job and the recruiter called me in a tizzy. Evidently I was in jail serving time for a crime I didn't commit. Turns out a court clerk screwed up years before. It was obviously a mistake but I could not be hired due to policy. Check them records!

by **allingeneral** » Tue, 27 Jul 2010 18:11:00

m1helmethead wrote:Spoke to Inger out of Winchester he says if it was dismissed I am fair game to purchase and own!
I am excited. Thanks guys!

Glad to hear it. Congrats! :thumbsup:

Virginia Gun Owners Forum - VGOF

Class I Misdemeanor

Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Re: Class I Misdemeanor

Who is online