Collateral Consequences of a Daytona Beach Domestic Violence Case (Part 2)

In America most people understand that you have a right to keep\nand bear arms. Most people also understand if you are a convicted felon that is\nnot an option unless your civil rights are restored. What most people do not\nknow is that if you plea to a domestic violence charge you could no longer be\nallowed to possess or purchase a firearm. This is based on a federal law known\nas the Lautenberg amendment. It states that anyone who has been convicted\nin any court of a misdemeanor crime of domestic violence, to ship or transport\nin interstate or foreign commerce, or possess in or affecting commerce, any\nfirearm or ammunition; or to receive any firearm or ammunition which has been\nshipped or transported in interstate or foreign commerce.

It is almost unheard of that a misdemeanor would revoke a constitutional\nright. It is actually so rare that this exact issue resulted in Supreme\nCourt Justice Clarence Thomas asking his first question in over 10 years during\noral arguments. “You’re saying that recklessness is sufficient to trigger\na violation misdemeanor violation of domestic conduct that results in a\nlifetime ban on possession of a gun, which, at least as of now, is still a\nconstitutional right. Can you think of another constitutional right that can be\nsuspended based upon a misdemeanor violation of a state law?”  This\nstumped the federal prosecutor and she admitted she cannot think of another\nexample of a misdemeanor violation suspending a constitutional right permanently.

If you are accused of domestic violence in Daytona Beach your right to bear arms is in jeopardy. Daytona Beach Domestic Battery attorney Kevin J. Pitts has prosecuted and defended DV cases in Volusia County. Call 386-451-5112 today for a free case review.

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