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Qualifying or NON-qualifying Lautenberg Please Help ASAP!
November 22, 2011
4:52 am

Winter of 2004 age 18. I was living in my car. intaginized by me EX GIRLFRIEND! Argument accured some shoving ect! i was charged with DV. The VIC was and EX-Girlfriend, seporated for over 2mths. She  Previously stayed often in my dad and step mothers house with me! about 6 mths prior to the incident! We shared seprate rooms when she stayed. she did NOT share the same mailing address! I Moved in with mother after this incident Plead guilty for quick end. took som BEP classes and 18mths probation.

The records where: "Expunged" "sealed" "no charges entered" "Set Aside". all terms are used in my final dispisition paperwork. 7 years later I'm  trying to enlist in the military! keep in mind the military sees past expungments ect. auto convictions regardless of  adverse dispistion. would this be a qulifying or non qualifying conviction as to the term phrases, "prefiously cohabitated with as a spounce" or "Smilulary situated to a spouce" wored " end " from the lautenberg amendment definition as found on  army regulations 601-210 chapter 4-7 sub note(D-1)

I will qoute the documents streight from the 601-210 4-7 (D-1) .......

(1) Crime of domestic violence. An offense that involves the use or attempted use of physical force, or 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 who was similarly situated to a spouse, parent, or guardian of the victim. Persons who are similarly situated to a spouse include two persons who are residing at the same location in an intimate
relationship with the intent to make that place their home.


Note last line sence i was obviously not a spouce. I qoute "Persons who are similarly situated to a spouse include two persons who are residing at the same location in an intimate relationship with the intent to make that place their home."

Qualifying or non qualifying? please help  and further define th last line i just qouted.






December 1, 2011
11:11 am
Mathew Higbee, Esq
Forum Posts: 323
Member Since:
April 8, 2010

If you were living in your car at the time of the incident, the victim/girlfriend would have to have been living in your car too for your offense (assuming you were convicted) to fall under the federal ban (Lautenberg).  

Have you been denied the right to purchase a firearm?

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