New laws?

[chiefbob81]

My 40 y.o. nephew got letters from the BATF and FBI that Trump signed a law that retroactively prohibited him from owning/possessing firearms. He was given 30 days to sell or give away his guns. He had a Simple Assault from 2003. Checked with a lawyer, no recourse. Complied and was searched and found in compliance.

Any one else hear of this?

 

[HKSmith]

In order for Trump to sign a new gun law, Congress would have had to have first passed the law. That's usually a long and contentious process that wouldn't have passed under the radar of this and other gun forums. The president can issue executive orders, but these usually get very wide publicity, especially on something like firearms policy. If your nephew's 2003 conviction for simple assault was an act of domestic violence, he would be barred from owning firearms under the Lautenberg amendment, which passed over 20 years ago, so there was nothing retroactive about this incident. How did it come to the attention of federal law enforcement that he owned guns?

 

[chiefbob81]

I'll see if he still has the letters to reference so I can provide better intel. Also I believe the assault was a bar fight.

 

[Doug M.]

First answer, he needs a better lawyer, and second answer, this is not the place to ask.

 

[chiefbob81]

Doug, why is this not a place to discuss this?

 

[stansdds]

Because this issue needs to be dealt with by a competent attorney and the courts, not a public forum.

 

[chiefbob81]

No Personal Identifiable Information (PII) is given. Having limited exposure to the types of people here on the Forum, being a third party, and compared to other threads discussed here, I see it as quite appropriate.

 

[Muss Muggins]

This particular section of the forum is not intended for this discussion . . .

 

[double-dipper]

I would recommend that your nephew take the letter to a very good lawyer for advise.
p.s. If the lawyer says he has to sell his firearms what's he got?

 

[THE PILGRIM]

OP - is your Nephew a convicted felon?
The BATF letter most likely quotes a Federal Law they say your nephew is violating.
If your nephew is a convicted felon, he cannot legally possess a firearm.
As already posted, he needs to take that letter to a qualified local attorney for advice and explanation of his exact situation.

 

[ParadiseRoad]

...I have read that if you are convicted of a crime...and the maximum sentence specified for that conviction is one year or more...

...then you lose your firearms rights...

 

[hoc9sw]

There are not any new Federal laws that I know of. What has happened is directives to do a better job of reporting in general after the failures to report by some of the services (Texas church shooter). I wonder if he got caught up in that reporting catchup?

But for such a drastic action, there must be some more detail.

 

[lkabug]

Without more details any discussion ludicrous.

 

[Doug M.]

Personal legal matters should not be discussed in most places on the internet. There are far too many companies out there that collect and sift information of all kinds. Even those places that set themselves to not be searchable using most search engines are not perfect. An open forum such as this one no more secure than Facebook and all of the other similar information leakage sites.

 

[S&WsRsweet]

Any new federal gun laws or executive orders the NRA/ILA would be all over it I'm sure .

 

[Watchdog]

This particular section of the forum is not intended for this discussion . . .

I'm still waiting for someone (anyone?) to tell me which "new law" we're supposed to be discussing here. Or which pending or proposed legislation has any bearing on this.

One of y'all send me a PM or something when that information becomes available, okay?

 

[snuffy51]

Besides, ain't none of my bizzness.'

 

[steelslaver]

The letters, any copies of police and court records and a lawyer who has some experience with this area of law is by far his best bet.

Just any lawyer isn't going to help much. One thing I have learned from being married to an attorney is there are a zillion laws out their. If you need legal advise you best get one who focuses on your issue. If you don't do that asking your neighbor (or this forum) might be just as effective and the answers worthless.

For example, although my wife is an attorney, I will bet serious money, I know more about gun laws than she does. She probably wouldn't know you couldn't buy a gun if you had a domestic assault. Once she studies them she could probably tell me more about how they would be applied and thee various ways they could be applied or interpreted. But, if you asked he a question on one now she would be way way behind anyone who had spend much time actually dealing with them. Ask her a question dealing with child law and you will get a very valid legal opinion. Ask her who is qualified for Social security disability and she will tell you. Criminal law, if it was serious she would refer you.

It like asking a Caterpillar vs a Porsche mechanic to look at your Porsche. Both might be the very best mechanics (technicians now days) in their field. But, 99.99% of the time the guy who focuses on the Porsche is going to get you to where you wantg to be quicker.