Domestic Violence: Requiring a court to order a defendant arrested for an act of domestic violence not to possess firearms or ammunition as a condition of bail under certain circumstances; requiring the Department of Law Enforcement, upon receipt of a request for a criminal history record check, to review available records to determine if a potential firearm buyer or transferee has been charged with a crime of domestic violence or has an outstanding warrant issued for an act of domestic violence and is prohibited from possessing firearms or ammunition, etc.
Effective Date: 07/01/2020
Last Event: 01/08/20 S Filed on Wednesday, January 8, 2020 1:32 PM
Here is the important part:
Just an arrest or a warrant for Domestic Violence is enough to make you a prohibited person? What if the charges are false? There is no recourse in the bill to expunge the record and repair the damage. And we know how many times have we heard or known about the accusation of Domestic Abuse is misused in nasty divorces or just simple marital arguments?
In this case, the bill does nothing but enforce current law. A person who is out on bail from an arrest for DV is already a prohibited person, as the bail is granted with the condition that the accused not possess a firearm or ammunition. This merely adds a search for such court orders to the bg check. I would rate this as neutral, as it isn’t changing current law.
The problems is I do not see a “remedy”, I don’t see what happens if the charges are dropped or the verdict is Not Guilty.
Unless specified, my take is you become a permanent prohibited person just with the arrest….which will fit lovely with the Gun Control Crowd’s wishes.
It is built into the statute. Read (emphasis added):
Has been arrested for an act of domestic violence **and** is prohibited from possessing a firearm or any ammunition under s. 741.2901(3)
The same bill amends 741.2901(3) to read (in pertinent part)”
“If a defendant is arrested for an act of domestic violence, the court must order the defendant not to possess a firearm or any ammunition as a condition of bail if the court finds that the safety of the victim, the victim’s children, or others will likely be more adequately assured.”
So, the conditions of bail would make one a prohibited person. Once the conditions of bail are met, then the accused would no longer be a prohibited person.
Dude, you know how big a gun person I am, so I am not trying to be the classic “I’m a gun owner but,” but this particular bill is not a threat.
Not at all, I know where you stand and I trust you are full Good Faith…
This lawyer stuff makes people go nouts