hunter45
Regular Member
I am holding firearms that belong to a person who has been convicted of domestic violence (a misdemeanor). Can I legally give him these firearms back? I thought the law was pretty clear on saying that any person who has been convicted of a felony or a domestic violence misdemeanor could not possess a firearm. However, I spoke with a Fairfax County Police Detective (who was working the case) and the Commonwealth Attorney's Office, and both of them said that there is nothing that would prevent him from possessing a firearm. I brought up the law (the Lautenberg amendment) and they said that this law only applies when the crime committed actually involved the use of a weapon. That's not how I understand the law to read. So what am I missing here??
Qualifying Offenses: As enacted the statute defines "misdemeanor crime of domestic violence" (MCDV) as any state or federal misdemeanor that -
"has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim."
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01117.htm
Qualifying Offenses: As enacted the statute defines "misdemeanor crime of domestic violence" (MCDV) as any state or federal misdemeanor that -
"has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim."
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01117.htm