Does my juvenile arrest for domestic violence count as a "qualifying conviction"

[MrReal]

Does my juvenile arrest for domestic violence count as a "qualifying conviction"

I plead guilty to misdemeanor d.v. assault and disorderly conduct charges when I was 16. I'm not sure if this counts as a "qualifying conviction" under the Lautenberg amendment, due to the fact juveniles do not have the right to a jury trial. It says in the relation to the Domestic Violence Offender Gun Ban: (i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—

(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—
(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

Does this mean my arrest doesn't effect my 2nd amendment rights?

 

[quincy]

I plead guilty to misdemeanor d.v. assault and disorderly conduct charges when I was 16. I'm not sure if this counts as a "qualifying conviction" under the Lautenberg amendment, due to the fact juveniles do not have the right to a jury trial. It says in the relation to the Domestic Violence Offender Gun Ban: (i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—

(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—
(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

Does this mean my arrest doesn't effect my 2nd amendment rights?

What is the name of your state, MrReal?

 

[MrReal]

I live in Florida.

 

[quincy]

I plead guilty to misdemeanor d.v. assault and disorderly conduct charges when I was 16. I'm not sure if this counts as a "qualifying conviction" under the Lautenberg amendment, due to the fact juveniles do not have the right to a jury trial. It says in the relation to the Domestic Violence Offender Gun Ban: (i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—

(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—
(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

Does this mean my arrest doesn't effect my 2nd amendment rights?

You say you plead guilty. Did you have an attorney at the time?

 

[MrReal]

I had a public defender, yes.

 

[drruthless]

who was the recipent of your assault and disorderly conduct ?

 

[quincy]

First, the question asked by drruthless should be answered.

Here is a link from the Criminal Resource Manual: http://www.justice.gov/usam/crimina...ons-possession-firearms-individuals-convicted

When you said you pled guilty to the misdemeanor charge of domestic violence, was the conviction entered, so that you now have a criminal record reflecting this domestic violence assault?

As a note, you would have waived your right to a jury trial by pleading guilty.

 

[MrReal]

who was the recipent of your assault and disorderly conduct ?

My dad was.

 

[MrReal]

As a note, you would have waived your right to a jury trial by pleading guilty.

I didn't have a jury trial as an option.

 

[Shadowbunny]

I didn't have a jury trial as an option.

Did you plead guilty as part of a plea deal?