Question Regarding Delaware Law

[alw]

Hello everyone,  

A month ago in Delaware the ATF arrived at my house and confiscated my guns due to a restraining order from NJ w/ my ex from 1988.  They did allow me to transfer them to my step daughter at XRing.  Since then I have a court date in June for a motion I filed to have the restraining order vacated.   It should be no problem for me since I have had no contact with her in 10years, however it is NJ which I consider to be close to East Berlin and run by the Gestapo.  Anyway, I also am in the process of obtaining my NJ record because for the life of me I can not remember if I was convicted of any kind of domestic violece offence. I barely remember the incident at all, but regardless DE law states that at least 5 years must pass of any kind of misdemeanor conviction. (note it has been 26 yrs and no such conviction was showing with the ATF, it was only the restraining order).  Also from what I read in DE law, we did not have to go to XRing to transfer the guns, my step daughter is considered family and I could have handed them over to her. So my question is this, when I get the restraining order lifted, my step daughter can hand the guns to me correct? And, it seems to me Federal law forbids anyone ever convicted of misdemeanor domestic violence can own a gun, but DE law says 5yrs must pass, is this correct?  My last question is more on topic of this forum, once I get this straightened out, how much of an effect will this have on my ability to obtain my CCW? Thanks in advance.

[Adrenolin]

Hello and welcome to the forums. Sorry to hear of your problems. That's a longtime to go by to then suddenly have the ATF at your door. Others might offer additional information but personally the first thing I'd suggest would be to hire an attorney to not only answer your questions but to ensure things get done right on your behalf. The CCDW would at this point be the least of your worries. Get this straightened out first, ensure your file is clean then proceed. Its impossible to give an opinion, aside from unlikely, until that's done. Make sure the attorney knows you wish to file for your DE CCDW as well.

[alw]

Thanks for the reply, my wife also wants me to get an attorney, so I looked into it and its $2500 just to help get the restraining order removed.  I am fairly confident thats something I can do on my own. And yes it was so odd to have that come up now, in the last 20 or so years I have purchased, traded and sold maybe a half dozen pistols with no problem at all.  Let me tell you, to get a call at work that the ATF are at the house, all the blood drained from my brain.  The first thing I thought was maybe the gun I had just purchased was used in a crime.  But any way in one sense I am glad this happened, the alternative could have been worse.  What if I had been forced to use the gun (I hope it never happens) and then find out I can't posess one?  Not a pretty scenario. Anyway, thanks again for the reply!

[Adrenolin]

I know they are not cheap but neither are your rights and freedoms. I learned long ago its better to pay them in this game then not and while you might think its a lot of money now, it really isn't in the long run. I certainly wish you the best.

[demark04]

I agree with Adrenolin, get this straightened out before you even think about your CCDW. I know the amount of money sucks, but an attorney is a wise choice. He may even be able to get your NJ record faster and easier and then advise you accordingly. Good luck with everything!!! If you wouldn't mind, keep us posted how things are going. 

[Lumspond]

Governor Markell signed House bill 35 a year ago, which requires background checks for all gun sales or transfers between private parties. There are a few exceptions, such as LEO's, CCDW holders, and immediate family. I'm assuming your step daughter would qualify, but I'm not a lawyer.

I do see this in section 1448 of Delaware Code, which is what you are referring to:
(d) Any person who is a prohibited person solely as the result of a conviction for an offense which is not a felony shall not be prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition for a firearm if 5 years have elapsed from the date of conviction.

Hopefully your restraining order will be lifted in June, and you can apply for a CCDW. If it is lifted, you could call the AG's office and get their opinion on you applying, but the Judge will make the final decision, of which you can always contest (insert lawyer here).
 

[Clarence]

Thanks for the reply, my wife also wants me to get an attorney, so I looked into it and its $2500 just to help get the restraining order removed.  I am fairly confident thats something I can do on my own. And yes it was so odd to have that come up now, in the last 20 or so years I have purchased, traded and sold maybe a half dozen pistols with no problem at all.  Let me tell you, to get a call at work that the ATF are at the house, all the blood drained from my brain.  The first thing I thought was maybe the gun I had just purchased was used in a crime.  But any way in one sense I am glad this happened, the alternative could have been worse.  What if I had been forced to use the gun (I hope it never happens) and then find out I can't posess one?  Not a pretty scenario. Anyway, thanks again for the reply!

I agree with Adrenolin as well. If you were arrested you should also get this expunged before you apply for a CCW.  New Jersey allows expungement of convictions as well I believe but even the arrest if there was one should get expunged.   This is much better and easier than a pardon and it will not show up all.

Pay a few bucks and sit down for a consultation with a lawyer in New Jersey familiar with expungements. See what they say.  Absent other issues you should be able to straighten this out. 

Good luck and keep us up to date. 

[alw]

Update:   

Went to court today and had my restraining order lifted, I have no convictions that prevent me from obtaining my guns back. Question, since my guns were transfered to my step daughter, (family member), it is not necessary for us to do the whole transfer deal at XRing, she should be able to just hand them back to me, correct?

[Adrenolin]

I'd assume that a stepdaughter is immediate family and if that's the case correct. She should be able to simply turn them over to you.