See the last bullet point of the Prohibited Persons section of the Wikipedia article on the NICS Background Check. You're prohibited from owning a gun even if it's a misdemeanor.
... 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.
Since Anthony is none of those things, this does not qualify as a misdemeanor crime of domestic violence for gun permit purposes.
Good catch. This is why I'm not a lawyer. I wonder if state laws can override that though? Like, he'd be OK if he left NY and went to a state like TX, but NY still is able to block it? In the other post below I made, the NY state statute for strangulation falls under the domestic violence statutes of the state. With their crazy gun laws, I wonder if they try to override federal law and get away with it?
However, though the definition of “serious offenses” includes misdemeanor stalking, child endangerment, and sexual offense convictions, certain violent misdemeanors like assault and battery crimes are not included and therefore do not disqualify a perpetrator from possessing a firearm, even if committed in the context of a domestic or dating relationship.
He's keeping his guns, even in NY. The CCW might be off the table but his guns are his.
The charges page says he pled guilty to the strangulation charge. The page in the link OP posted mentions that it's a Domestic Violence case and he pled guilty. IANAL, but it looks to me like strangulation falls under the umbrella of domestic violence.
Yeah, looking at the charges page he plead to a misdemeanor. I would imagine he would get his stuff back. Not sure if the order of protection continues or for how long or if it would still prevent him from getting his guns.
She's not pursuing any of these charges from what I've seen. Assault cases are all filed by the state once cops are called. I got in a minor drunken scuffle with my brother at Christmas years ago, cops got called by a stupid family member, and even though nobody was trying to press charges, I still had to face simple assault charges. They ended up getting dropped, but in some cases the prosecutor will refuse to drop them, especially in domestic cases where they fell the victim might be pressure or coerced to drop them.
agree... but if he "gets off" i wonder if she'll try to cash in as payback.. I mean she squatted in his apartment for a couple of months after this happened... based on a couple of her tweats showing disgust over the plea I wouldn't be shocked if she's waiting for the criminal trial to finish before cashing in.
20 comments
7 yaaaaayPancakes 2016-06-23
Goodbye concealed carry license and his gun locker.
-1 ARealBlueFalcon 2016-06-23
Why would he lose his guns, they are all misdemeanors?
4 yaaaaayPancakes 2016-06-23
See the last bullet point of the Prohibited Persons section of the Wikipedia article on the NICS Background Check. You're prohibited from owning a gun even if it's a misdemeanor.
4 poundfoolishhh 2016-06-23
You should have gone the next step and looked up what the Federal definition of "misdemeanor crime of domestic violence" is...
Since Anthony is none of those things, this does not qualify as a misdemeanor crime of domestic violence for gun permit purposes.
2 yaaaaayPancakes 2016-06-23
Good catch. This is why I'm not a lawyer. I wonder if state laws can override that though? Like, he'd be OK if he left NY and went to a state like TX, but NY still is able to block it? In the other post below I made, the NY state statute for strangulation falls under the domestic violence statutes of the state. With their crazy gun laws, I wonder if they try to override federal law and get away with it?
3 poundfoolishhh 2016-06-23
Well, according to this
He's keeping his guns, even in NY. The CCW might be off the table but his guns are his.
1 ARealBlueFalcon 2016-06-23
Were any domestic violence?
3 yaaaaayPancakes 2016-06-23
The charges page says he pled guilty to the strangulation charge. The page in the link OP posted mentions that it's a Domestic Violence case and he pled guilty. IANAL, but it looks to me like strangulation falls under the umbrella of domestic violence.
EDIT - Found this link - http://statelaws.findlaw.com/new-york-law/new-york-domestic-violence-laws.html. It appears that the charge he pled guilty to falls under NY State's domestic violence statutes.
1 ARealBlueFalcon 2016-06-23
Texas here I come
1 ARealBlueFalcon 2016-06-23
I cannot read that damn page.
0 goaliemn 2016-06-23
I don't think the charge plead to was domestic violence.
1 [deleted] 2016-06-23
[deleted]
2 [deleted] 2016-06-23
That other sub is gonna have a field day with this.
Knowing nothing of the law myself, what's he facing?
1 Maritalrelations 2016-06-23
Probabtion, as charges are misdemeanors. After probbation record probably sealed.
1 chuckbown 2016-06-23
Yeah, looking at the charges page he plead to a misdemeanor. I would imagine he would get his stuff back. Not sure if the order of protection continues or for how long or if it would still prevent him from getting his guns.
-1 [deleted] 2016-06-23
[deleted]
1 ChiSox115 2016-06-23
serious question, are you able to buy a gun legally?
1 [deleted] 2016-06-23
[deleted]
2 KorgDTR2000 2016-06-23
Hoping it was an Alford plea.
2 mlabella5 2016-06-23
wonder if she'll push a civil lawsuit once this is finalized?
3 Xtaline 2016-06-23
She's not pursuing any of these charges from what I've seen. Assault cases are all filed by the state once cops are called. I got in a minor drunken scuffle with my brother at Christmas years ago, cops got called by a stupid family member, and even though nobody was trying to press charges, I still had to face simple assault charges. They ended up getting dropped, but in some cases the prosecutor will refuse to drop them, especially in domestic cases where they fell the victim might be pressure or coerced to drop them.
2 mlabella5 2016-06-23
agree... but if he "gets off" i wonder if she'll try to cash in as payback.. I mean she squatted in his apartment for a couple of months after this happened... based on a couple of her tweats showing disgust over the plea I wouldn't be shocked if she's waiting for the criminal trial to finish before cashing in.
-1 SheriffChef 2016-06-23
Sad!