Thursday, October 8, 2020

Firearms Prohibition for Disorderly Conviction in Wisconsin, Domestic Abuse Enhancer

https://www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html

Jay Nixon’s Answers

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Can you still own a firearm with a disorderly conduct class b misdemeanor domestic modifier?

Back in June I got charged with disorderly conduct with a domestic modifier even though I didn't physically hurt anyone. DA won't drop it to an ordinance violation. Just wondering what this means for owning a gun since we're avid hunters.

Jay’s Answer (Criminal defense attorney with 40 years’ experience & offices in both Kenosha and Janesville, WI)

I believe that at worst, you might still be able to use a crossbow, but otherwise, with DC (disorderly conduct) it could go either way on using or possessing firearms. In my experience, the FBI aggressively puts almost everyone they can on the "no buy" list for firearms, but you have a right to challenge that decision in the federal administrative law system in DC if you wish (and afford it). They tend to look more at the facts than at the label, but the domestic enhancer greatly increases the odds that you will be barred for any conviction, unless you challenge this and win. Any lawyer would need to investigate the details before reaching any conclusion on one of these, so if you are serious about this, retain one to at least take a look at it.

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