WARNING: *If you were convicted of a misdemeanor crime of Domestic Violence, 3rd degree in Foley Municipal Court, your rights to own or possess a firearm (gun) or ammunition are now prohibited by Alabama and Federal law.*
Persons prohibited from owning/possessing firearms that are alleged to be in actual or constructive possession of a firearm or ammunition are subject to being charged with a new felony charge under Alabama and/or Federal law. (See the footnote to this article for citations of the Alabama and Federal laws.) *Please note that at the time of authoring this article, an Order of Expungement in Alabama will NOT restore firearm rights per the authority of the current Alabama expungement law.*
Therefore, you either need an unrestricted pardon or a set aside of the conviction (if there are legal grounds) in Alabama to have your firearm rights restored from a previous Domestic Violence, 3rd degree misdemeanor conviction. Many Domestic Violence, 3rd degree convictions are from the Foley Municipal Court in Baldwin County, Alabama. However, Alabama law provides that the Alabama Board of Pardons & Paroles does not have jurisdiction to pardon convictions from Municipal Courts. Therefore, unless you can get a Mayoral pardon, the only remedy to restore gun rights from a Domestic Violence, 3rd degree misdemeanor conviction from Foley Municipal Court may be an Order from the Municipal Court setting aside the conviction (if certain legal grounds are met).
Our Foley, Alabama Domestic Violence, 3rd Degree Criminal Defense Law Firm, Jordan M. Copeland Law, PLLC represents clients that may have had their Sixth Amendment Right to Counsel (aka an Attorney) violated when they were convicted of Domestic Violence, 3rd degree. This can be a jurisdictional ground to petition the Foley Municipal Court in to set aside the previous conviction per the authority of Rule 32 of the Alabama Rules of Criminal Procedure, if certain elements are met.
If the Foley Municipal Court enters an order setting aside a conviction, and if the case is then Nolle Prossed or otherwise dismissed, the person’s firearm rights are no longer prohibited (this assumes the person has no additional reason(s)/grounds why they are prohibited).
If you were previously convicted of a Domestic Violence, 3rd degree misdemeanor in Foley Municipal Court – below are the first qualifying questions we would need to know to confirm your potential eligibility:
1) In what court was your Domestic Violence, 3rd degree conviction?
2)
Were you represented by an attorney (any attorney whether retained, appointed, or public defender)?
3)
If you were NOT represented by an attorney, did you waive your right to be represented by an attorney in writing (signed waiver) with the Court? (In a Municipal Court this would need to be a clear, written document that you signed at the request of the Court.)
4)
Did you receive jail time OR suspended jail time as part of the court’s sentencing for your conviction?
5)
Have you filed an appeal, or a Rule 32 petition related to your case?
In short, if you were convicted of a Domestic Violence 3rd degree, you were not represented by an attorney, you did not waive your right to an attorney in a signed waiver,
and you received either suspended jail time or jail time -- then you likely meet the legal criteria for our law firm to be able to represent you in pursuing a set aside of your conviction with the Foley, Municipal Court. Many eligible Domestic Violence, 3rd degree cases in Foley Municipal Court are 10+ years old or older. However, if you meet the criteria, there is
no time limitation period for us to pursue this ground for relief because of the jurisdictional issue.
If you have a previous Domestic Violence, 3rd degree conviction in a Municipal court in Baldwin County, Alabama, including but not limited to: Foley, Municipal Court, Gulf Shores Municipal Court, Orange Beach Municipal Court, Fairhope Municipal Court, Loxley Municipal Court, Summerdale Municipal Court, Daphne Municipal Court, Bay Minette Municipal Court, Robertsdale Municipal Court, Silverhill Municipal Court, Elberta Municipal Court, Spanish Fort Municipal Court and you meet the above grounds – feel free to contact our law firm to discuss potential representation.
Foley, Alabama Domestic Violence, 3rd Degree Criminal Defense Law Firm – Jordan M. Copeland Law, PLLC. Since 2007, Attorney, Jordan M. Copeland has successful defended hundreds of Domestic Violence, 3rd degree misdemeanor charges in Alabama against people from all walks of life.
JORDAN M. COPELAND LAW, PLLC
Office Location: Landmark Office Building
316 South McKenzie Street, Suite 127
Foley, Alabama 36535
Phone: (251) 545-3637
Websites: OrangeBeachLawyer.com FoleyALcriminaldefense.com ExpungementAlabamaLawyer.com
Email: Jordan@OrangeBeachLawyer.com
“Anyone who has been convicted in any court (including Municipal Courts) of a qualifying Misdemeanor Crime of Domestic Violence (including, but not limited to, Domestic Violence, 3rd degree in Alabama) generally is prohibited for life in the State of Alabama from owning or possessing any firearm (See: 13A-11-72(a), Code of Ala.). Currently, violations of this offense are punishable as a Class C Felony in Alabama (See: 13A-11-84(a), Code of Ala.). Additionally, the same persons are also generally prohibited for life under Federal law from possessing any firearm or ammunition in interstate or affecting commerce shipping or transporting any firearm or ammunition in interstate or foreign commerce, or receiving any such firearm or ammunition. Violation of this Federal law prohibition is a federal criminal offense punishable by up to ten (10) years imprisonment (See: 18 USC 922(g)(9) (the Lautenberg Amendment); 18 USC 92”
