Re: Restoring firearm rights in Wisconsin
Posted by Lautenberg on 8/03/09
On 8/02/09, Tony wrote:
>
> Dear Friend,
>
> I need your help with an issue I have concerning my gun
> ownership rights. Five years ago, I was arrested for
> pointing a firearm at my wife. At the time, we had been
> drinking alcohol and got into a heated argument over an
> affair she had with a friend of mine. I had a 380 auto I
> used for protection in case someone broke into the house.
> Knowing the gun was unloaded, I brought the gun into the
> situation. I have been ashamed of these actions since this
> took place. I was arrested and received a felony and a
> possible 12-year prison sentence. In the end, I did not do
> any prison time. My lawyer told me that the state attorney
> would drop the felony to a misdemeanor if I did four years
> probation and stayed out of trouble. Directly after I
> left the courthouse I got myself into the AA fellowship. I
> am proud to say that I still am an active member. I also
> got counseling for both my wife and myself. We are still
> married and are continuing to work at our marriage. I did
> everything the courts told me to do and more. I got an
> early release from my probation sentence and my felony was
> dropped to a misdemeanor. I asked my attorney if my gun
> rights had been restored and said they had. About a year
> later, I went to purchase a 22-target pistol and was
> rejected. I contacted my attorney and he did not
> understand why I was rejected. After some research, he
> told me that the state of Wisconsin had restored my
> firearm rights, but on the federal level, they were not
> restored. Before all this mess took place, I used go
> hunting all the time. It was time to get together with my
> family and do something we all enjoyed. I am not a young
> man anymore; I have relatives in their 90’s that I would
> only see during our hunting trips and would like to hunt
> for a few more years, before I cannot do it anymore. I
> know that what I did was the most irresponsible thing I
> could have done. I used to tell friends and family not to
> mix alcohol and firearms. I taught my children about
> firearm safety at an early age and still talk about it to
> this day. I am grateful that no one got injured because
> of my mistake and I have learned a life long lesson. If
> there is anything you can do to help my situation, I would
> be grateful. Sincerely,
Tony:
It is always advisable to consult an attorney in your own
state on gun issues but in this case it may just be a waste
of your time and money.
18 U.S.C. § 922(g)(9) is often referred to as the Lautenberg
Amendment after its sponsor, Frank Lautenberg (see statute
below). The Lautenberg Amendment excludes all persons
convicted of any type of Domestic Violence (this certainly
includes pointing a gun at a spouse), from ever again owning
or possessing any type of firearm or ammunition.
If you have a little money you may want to consult a local
attorney and see if there is any way or hope you might
obtain a pardon that fully restores your gun rights. It is
very unlikely that any such pardon would be granted but if
you have a few grand to throw away, give it a shot. (bad pun)
****
[18 U.S.C. § 922(g)(9)]
(g) It shall be unlawful for any person—
. . . .
(9) who has been convicted in any court of a misdemeanor
crime of domestic violence,
to ship or transport in interstate or foreign commerce, or
possess in or affecting commerce, any firearm or ammunition;
or to receive any firearm or ammunition which has been
shipped or transported in interstate or foreign commerce.
Posts on this thread, including this one
- Restoring firearm rights in Wisconsin, 8/02/09, by Tony.
- Re: Restoring firearm rights in Wisconsin, 8/02/09, by Get money, pay lawyer.
- Re: Restoring firearm rights in Wisconsin, 8/03/09, by Lautenberg.