Expert: Dean Speir - 7/30/2009

Question
In 1996 my wife and i got into a shoving match. It scared her and as a result the police were called. I had left the house and upon return found out about the police having been there. I went to the local jail and turned myself in. I went to court and plead nolo to the charge of misdemeanor simple battery. I had one year probation and counseling. At the time the Judge and the Probation Officer said I was entittled to own firearms. I asked this question because both my sons, my wife, and myself love to hunt. Due to the changes in Fed law in late 1996 as it pertains to domestic violence it now appears that I can not posses a firearm. I did not know this and went to purchase a new pistol. I completed the instant background check form and it was approved. After getting home I was looking online because of the questions on the background check form and in looking at the definition of domestic violence I was afraid that I might be prohibited from possessing a firearm. My charge was misdemeanor simple battery. This occured in June 1996. The background check approved the purchase. I don't know what to believe in my situation. Can you advise me?

Thank you in advance.

Answer
No, James, I cannot advise you! I am not an attorney, and this is a Second Amendment topic, not a Criminal Justice one.

I will, however, note that the September 1996 change in the law you reference was the "Lautenberg Amendment" (see http://www.armystudyguide.com/content/army_board_study_guide_topics/military_jus...), a horrendous ex post facto law, a strict reading of which suggests that, if you filled out the Form 4473 properly, your purchase of a pistol should NOT have been approved.

Since the "Lautenberg Amendment" applies ex post facto, it doesn't matter when in 1996 your domestic event occurred or your nolo contendre plea entered. It could have been 1966, and under "Lautenberg" you would still be a prohibited person.

I further suggest that you consult with an attorney who can properly advise you as to your situation.

While Paul Newman may have felt, in WHERE THE MONEY IS when the police surrounded his house and ordered him to "Put your hands above your head!," that "You haven't lived until you heard someone say that to you," you would probably be content to forego such an experience. Talk to no one else about this until you consult that attorney!

This isn't legal advice, James, just common sense.