My question involves criminal law for the state of: Georgia/Federal
I am trying to determine if the Lautenberg Act would prevent the possession of firearms in the case of a person convicted of Simple Battery where the accused was the child (son) and the victim was the father. I believe it does not apply but am looking for verification from anyone with experience in this area.
The language of the act from the DOJ website....
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."
Thanks!
I am trying to determine if the Lautenberg Act would prevent the possession of firearms in the case of a person convicted of Simple Battery where the accused was the child (son) and the victim was the father. I believe it does not apply but am looking for verification from anyone with experience in this area.
The language of the act from the DOJ website....
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."
Thanks!
Domestic Violence: Lautenberg Act/Application
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