Hello everyone,
I'm a n00b, so please forgive me if I'm posting this in the wrong forum. I'm a neighbor from PAFOA.com. Anyway, a friend of mine was recently raped, and she's interested in getting her carry permit now. I have a couple questions about it.
First off, she has a conviction from almost 7 years ago for:
§ 601. Offensive touching; unclassified misdemeanor; class A misdemeanor.
(a) A person is guilty of offensive touching when the person:
(1) Intentionally touches another person either with a member of his or her body or with any instrument, knowing that the person is thereby likely to cause offense or alarm to such other person; or
(2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing that the person is thereby likely to cause offense or alarm to such other person.
(b) When charged with a violation of paragraph (a)(2) of this section, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction's medical care provider.
(c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor. Notwithstanding the above, any violation of paragraph (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance of the victim's duty as one of the following: law-enforcement officer, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, Delaware State Fire Police Officer, correctional officer, volunteer firefighter or full-time firefighter. Any violation of paragraph (a)(2) of this section shall be a class A misdemeanor.
She paid a $50 fine for this offense, not that it matters, a conviction is still a conviction. From looking at DE law concerning possession and ownership of firearms, she's legally allowed to do so. I say that based on this:
"The following persons are prohibited from purchasing or possessing any firearm:
• Those convicted of a crime of violence involving bodily injury to another, including misdemeanors, but the prohibition shall not apply after five years from the date of conviction for misdemeanors." (edited out the other prohibiting offenses since they're not relevant, and I'm sure you guys know them already)
I would assume that Offensive Touching would fall under a crime of violence involving bodily injury. Is that actually the case? I ask, because that leads to my next question concerning her getting a permit.
I notice DE is a MAY issue state, and the application asks about any convictions concerning crimes of violence. Although the state allows ownership and possession five years after conviction, I would assume that carrying is a different story and that they will deny a permit for a conviction regardless of how long ago it was.
Any info you guys/gals can provide is GREATLY appreciated. Thank you.
Ramtuff
