Domestic Violence? Really?

[Nate552]

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[Keith B]

The question is what does the disposition on the paper show? Were you found guilty and that is what shows on the record? If so, you will be ineligible. It all boils down to the final disposition in the records.

[Nate552]

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[Nate552]

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[Mike1951]

We will hope for a positive outcome for you, as this affects not only the CHL, but your right to even possess a firearm.

[Nate552]

"but your right to even possess a firearm."

Hmmm....I bought a new pistol about 2 months ago. Which of course means I passed the NICS. That sounds promising doesn't it?

[srothstein]

Just to be accurate, I do not think it would affect your right to a firearm. I am not researching it right now, but going off my memory. The federal law defines domestic violence more narrowly than the state law does, so this would be state law domestic violence and not federal.

As a weird aside, if you happened to meet up with him today and get into another fight, it would still be family violence in Texas. Our laws say if you ever shared the same household, you come under the domestic violence clause.

[WildBill]

As a weird aside, if you happened to meet up with him today and get into another fight, it would still be family violence in Texas. Our laws say if you ever shared the same household, you come under the domestic violence clause.

This is really scary. It just shows how bad laws can get passed when people over react to certain situations. These type of laws get passed because most of the public and lawmakers think "who can be against beating up your wife or girlfriend"? I would like to see most of these laws repealed.

[Nate552]

As a weird aside, if you happened to meet up with him today and get into another fight, it would still be family violence in Texas. Our laws say if you ever shared the same household, you come under the domestic violence clause.

Amazing! Heck, the guy was in my wedding a few years ago! What a strange law..... I hope this doesn't disqualify me....

[boomerang]

As a weird aside, if you happened to meet up with him today and get into another fight, it would still be family violence in Texas. Our laws say if you ever shared the same household, you come under the domestic violence clause.

This is really scary. It just shows how bad laws can get passed when people over react to certain situations. These type of laws get passed because most of the public and lawmakers think "who can be against beating up your wife or girlfriend"? I would like to see most of these laws repealed.

Or make the crimes also a disqualification for holding public office or having a government job.

If someone is too dangerous to have RKBA, we don't want them to be cops or congressmen either. Right?

[Mike1951]

My thoughts are that had the legislators really been concerned about domestic violence they would have made domestic violence a felony, which would have had the same end result.

However, they saw a chance to pass an anti-gun statute labeled a Domestic Violence bill. Who could possibly vote against a bill to prevent domestic violence?

And so, for the first time, we have our Second Amendment rights stripped from us for a misdemeanor!

[KBCraig]

Here's the relevant federal law, with its prohibition on gun ownership after a domestic violence conviction. Highlighted sections are important. Since your buddy was in your wedding, I take it you weren't "similarly situated to a spouse".

18 USC 921(a)(33)
(A) Except as provided in subparagraph (C), the term 'misdemeanor crime of domestic violence' means an offense that-

(i) is a misdemeanor under Federal or State law; and

(ii) has, as an element, the use or attempted use of physical force, or the 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 similarly situated to a spouse, parent, or guardian of the victim.

(B)(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless

(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and

(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either

(aa) the case was tried by a jury, or

(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise,

(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

[Nate552]

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[Keith B]

Here's the relevant federal law, with its prohibition on gun ownership after a domestic violence conviction. Highlighted sections are important. Since your buddy was in your wedding, I take it you weren't "similarly situated to a spouse".

Thanks KBCraig, you're right, it was a room mate arrangement, not a similarly situated spouse situation. The high lighted portion of what you pointed out does not apply to me so I'm thinking it won't affect me. (I hope). I 'm glad they were more specific about domestic violence.

Nate,

KBCraig quoted federal law, which is why you would not be in violation for purchasing a firearm. As Steve stated, Texas is MUCH different in their interpretation. Contact the clerk and get everything you can showing charges were dismissed and that your record is clean. That will be your saving grace.

Good luck!

[Nate552]

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