Can my husband get his gun permits reinstated after I tell the judge I am not pressing any chargers against my husband. As everything was an accident and we have since worked out our differences.
2007-12-27 10:28:10 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
In most states, the victim of Domestic Violence is now a "witness" and the State presses charges.
So, it would not be possible for you to drop the charges.
2007-12-27 11:21:08 · answer #1 · answered by CGIV76 7 · 6⤊ 0⤋
Even if it gets expunged there is still a possibility the 10 year gun ban will continue with the conviction. Someone said it is in the hands of the D. A...that is right. They are favoring the side of convictions so It will be hard to retract anything once it goes to court.
Women should think twice before they call the cops because if it was a minor incident and you all make up...he can suffer for 10 freakin years without having the opportunitty to carry or own a guy. That means he will not be able to get any sort of law enforcement job or anthing of the like that carries a gun. He may not be able to teach or counsel or other things as well.
I will know after Jan 7 if the expungement takes away the gun ban because I have a court date on that day from a quarrel I got into 5 years ago with an old ex girlfriend. I never been arrested before and have a clean record but since that case my life is limited because I was majoring in criminal law and was about to take the Peace Officer exam but now my chances are very bleak.
That law sucks and needs to be changed
2007-12-27 11:42:34 · answer #2 · answered by Changedforgood 2 · 0⤊ 0⤋
The judge has no authority to dismiss the case if the prosecution wants to go forward. They may do that with or without your cooperation. If it was an accident, why did you call the police? If you have truly worked it out and if your husband is in counseling the prosecutor may offer a deferred prosecution whereby your husband has to complete xyz and then the conviction goes away. Usually after a year, however each state is different. The ban on gun possession by a person convicted of domestic violence is federal law.
2007-12-27 10:57:47 · answer #3 · answered by Charl06 1 · 1⤊ 0⤋
I doubt it the report has been filed and stands till it gets expunged from court records
You have a court filing filed after the permit given but it is still under the same rules and restriction as a new permit
Any permit applied for will involve court record search and the state guide lines as to
what is admissible and
excusable is under the states and federal law and jurisdiction
2007-12-27 10:34:15 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you can demonstrate that you can handle and shoot a handgun safely, you should be able to get a permit, provided you meet the normal requirements of having no felonies, substance abuse, or history of violence. Physically disabled people have an even greater need of obtaining a permit. I hope you can get one. GOOD LUCK!
2016-04-11 04:00:48 · answer #5 · answered by Janet 4 · 0⤊ 0⤋
It depends on your state. Here in Washington it is not up to the victim if charges will be pressed or not, it is up to the DA.
Did you decide you deserved the beating or are you under the false impression DV stops on it's own?
2007-12-27 10:32:45 · answer #6 · answered by davidmi711 7 · 2⤊ 0⤋
Like most have said, it depends on your location. Generally speaking, he would have to be convicted before the permits could be taken.
2007-12-27 13:58:30 · answer #7 · answered by Crazyjester9 6 · 0⤊ 0⤋
Laws are different in every state, obviously...
In Texas, one is prohibited from carrying firearms for five years if they are CONVICTED of a family violence offense. It has nothing to do with whether or not you want to press charges.
2007-12-27 11:06:42 · answer #8 · answered by Alex M 3 · 1⤊ 0⤋
Depends on the sheriff that issued the permits.
2007-12-27 10:30:32 · answer #9 · answered by Anonymous · 0⤊ 0⤋
There was a reason the police got involved. If he hit you once he will do it again.
2007-12-27 10:31:12 · answer #10 · answered by Anonymous · 1⤊ 1⤋