Expert: Dean Speir - 12/20/2009

Question
I got a domestic battery in Illinois in June 08 it was only a misdemeanor but i still had my right to bare arms taken away and i want to join the military is there any way i can get it back if so could you please give me information on how to do so. thanks

Answer
[sigh]

This is a Criminal Justice question you've asked in a Second Amendment topic.

However:

#1: To BARE arms, all you need to do is take off your long sleeve shirt.

If however, you'd prefer to BEAR arms, you're out of luck as long as the Draconian Lautenberg Law is in effect. Anyone convicted of an sort of Domestic Violence becomes a Prohibited Person, one unable to possess firearms. This extends to police officers as well as those in the Military.

#2: Since 1997, Federal law makes it a crime to own or possess a firearm if a citizen is convicted of a Domestic Violence misdemeanor offense under local, federal, or state law.

This applies if the offense involves the “…use or attempted use of physical force, or the threatened use of a deadly weapon.”

Domestic Violence, as defined in most state laws, can mean such an offense between spouses, live-in partners or relatives, parent and child, or even a dating relationship if the couple lives together, or formerly lived together.

Your first step would be to consult an attorney in your jurisdiction to learn if it's possible to have your Illinois conviction vacated or somehow modified.

G'luck to you... and remember, it's BEAR arms, not BARE arms.