Expert: Dan Haynes - 3/19/2008

Question
I pleaded guilty to misdemeanor domestic violence and waived my right to trial in Cedar Rapids Iowa in 1990 not knowing they would pass laws in the future taking away my legal right to posses firearms. Must I pay for this mistake for the rest of my life? I thought that is why they have Felony and misdemeanor classifications on offenses? Losing ones civil liberties over a misdemeanor conviction does not seem right . The law is not retroactive which also seems wrong as far as double jeopardy goes. Do you have any advice as far as restoring my civil rights on this matter? I have tried contacting several lawyers but none seem to want to assist me ?

Answer
Dear Mr. Sims,

In today's anti gun climate, domestic violence can cause problems even if the original offense was a misdemeanor. Here is the link to a report on Iowa domestic vilolence.

http://www.freedomstatesalliance.com/?p=39

In Iowa, a person may seek relief from domestic abuse by asking a court to issue a protective order. The protective order restrains the alleged abuser from committing further acts of abuse or threats of abuse. Iowa district court judges issue approximately 2,500 permanent protective orders in domestic abuse cases each year.

Since 1994, federal law prohibits a person who is subject to a qualifying court restraining order for domestic violence from possessing firearms or ammunition.

As per the above there is a process by which you can seek relief. This process may still require legal assistance.

I hope that I have answered your questions. If I can be of any further assistance please contact me again.

Dan