Jeff White said:
Gunfire,
I think you're jumping the gun just a bit. Can you show me some legislation that is being debted anywhere to do that?
Urinating on the side of the road isn't a sex crime in many places. Here in Illinois, the worst you could be charged with is Disorderly Conduct.
Right now the city of St Louis MO is contemplating changing their municple code to remove public urination from the list of sex crimes.
Jeff
I knew I saw this somewhere. I just didn't have it right. It's misdemeanor sex offenders/child molestors only, not hookers and pissers. Personally, I think crimes involving children should be felonies. Note they say it's modeled on the highly successfull misdemeanor DV law. If you have a local crime report, check it out. At least a 1/4 of the arrests are DV.
http://www.vpc.org/press/0509so.htm
"The Nadler amendment is modeled on the highly successful Domestic Violence Offender Gun Ban, a provision added to federal law in 1996 that prohibits gun possession by persons convicted of misdemeanor domestic violence offenses. In 2002, misdemeanor domestic violence convictions accounted for more than 12 percent of rejections of firearm purchases by the FBI's National Instant Criminal Background Check System (NICS).
The Nadler amendment will close the loophole in current federal law that allows gun possession by persons convicted of misdemeanor sex offenses"
WillBrayJr said:
As far as I know some states allow you to keep firearms despite a misdemeanor demestic violence conviction. I know Michigan allows a person to keep rifles and shotguns. Indiana I know for a fact allows a person to keep firearms. Stepfather has over 20 firearms legally with two demestic violence convictions. Yup the police knows he has firearms.
Your stepfather is really lucky so far. Read the 4473 form. It is unlawful for anyone on that list to own or possess firearms or ammo, period. They will probably only look at him if he is charged or investigated for a firearm related situation. If he buys ammo on the internet and has it shipped to him across state lines the feds will be involved. I don't think an expungement will nullify lautenburg only a full pardon from the governor which rarely happens. Federal law stumps state law. Your mother needs to transfer those firearms to you legally through a FFL. Technically, your mom cannot possess firearms if your stepfather lives in the same house as her. Sucks for them, good for you. I'm not sure but I think you could sell them legally and give them the money. But you know what, I don't think it's worth going to prison for him to just ignore this.
The lautenburg act covers all states. No one is exempt. Ignorance is no excuse either. This is why lautenburg should be repealed. It's not fair to punish a misdemeanor with a felony punishment and it effectively leaves your mother, a completely innocent citizen, defenseless with no RTBA.
The Indiana law:
IC 35-47-4-6
Unlawful possession of a firearm by a domestic batterer
Sec. 6. (a) A person who has been convicted of domestic battery under IC 35-42-2-1.3 and who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a domestic batterer, a Class A misdemeanor.
(b) It is a defense to a prosecution under this section that the person's right to possess a firearm has been restored under IC 3-7-13-5 or IC 33-28-4-8.
As added by P.L.195-2003, SEC.7. Amended by P.L.98-2004, SEC.156.
