• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

The Lautenberg Amendment and prohibited persons

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

IMSmitty

Junior Member
What is the name of your state (only U.S. law)? FL

What is the name of your state (only U.S. law)? FL

I had a physical altercation with my sisters' boyfriend almost 10 years ago. My sister got involved and I ended up being charged with 1 battery and 1 battery domestic, FL statute 784.03(1).*

My disposition is guilty of battery, FL statute 784.03(1). The arrest mentions "domestic," but the disposition does not. It only says "battery." Also, the statute 784.03 doesn't mention "domestic" violence at all. Rather, FL statutes 741.28-741.31 & 784.046, reference domestic violence, and none of these statutes are referenced on the arrest report or disposition.*

So, am I correct in stating that I only have a battery charge, and not a "domestic" battery charge?

Also, the Lautenberg ammendment refers to a "prohibited person" being an offender who is guilty of "domestic violence" against a spouse/parent/ or child. It doesn't reference a sibling, and I haven't been charged with "domestic violence" according to the statutes I have been convicted of.*

I ask because I am hoping to purchase a firearm and maybe even get my concealed carry permit. Please tell me what you think. I mainly want to make sure I am not a "prohibited person."
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? FL

What is the name of your state (only U.S. law)? FL

I had a physical altercation with my sisters' boyfriend almost 10 years ago. My sister got involved and I ended up being charged with 1 battery and 1 battery domestic, FL statute 784.03(1).*

My disposition is guilty of battery, FL statute 784.03(1). The arrest mentions "domestic," but the disposition does not. It only says "battery." Also, the statute 784.03 doesn't mention "domestic" violence at all. Rather, FL statutes 741.28-741.31 & 784.046, reference domestic violence, and none of these statutes are referenced on the arrest report or disposition.*

So, am I correct in stating that I only have a battery charge, and not a "domestic" battery charge?

Also, the Lautenberg ammendment refers to a "prohibited person" being an offender who is guilty of "domestic violence" against a spouse/parent/ or child. It doesn't reference a sibling, and I haven't been charged with "domestic violence" according to the statutes I have been convicted of.*

I ask because I am hoping to purchase a firearm and maybe even get my concealed carry permit. Please tell me what you think. I mainly want to make sure I am not a "prohibited person."

No need for a second thread - here is your first one: https://forum.freeadvice.com/other-crimes-federal-state-4/lautenberg-ammendment-prohibited-persons-625961.html
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top