Ooops! You're right! My bad.Charles L. Cotton wrote: That's not correct. As Kevin said, it's a federal felony and it can very well be enforced in Texas. Dr. Emerson is a good example.
Chas.
Search found 4 matches
Return to “CHL and domestic violence”
- Sat Sep 01, 2007 7:26 am
- Forum: General Texas CHL Discussion
- Topic: CHL and domestic violence
- Replies: 23
- Views: 3938
- Fri Aug 31, 2007 10:45 pm
- Forum: General Texas CHL Discussion
- Topic: CHL and domestic violence
- Replies: 23
- Views: 3938
That's just per federal law. Under TX law, he can own firearms. He just can't purchase any from an FFL.KBCraig wrote:If the conviction involved any form of violence or threat of violence against a spouse or domestic partner, he is disqualified from owning any firearms.
Thanks to Sen. Frank Lautenberg (D-NJ), the GCA was amended in 1996 to cover any conviction which:
"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."
It's a permanent bar on owning firearms or ammunition, even ex post facto.
My understanding is that TX LEO's do not enforce the federal (Lautenberg) ban, or any other federal laws for that matter.
- Fri Aug 31, 2007 10:08 pm
- Forum: General Texas CHL Discussion
- Topic: CHL and domestic violence
- Replies: 23
- Views: 3938
I just noticed something. You said he was ARRESTED for DV and convicted of a Class B misdemeanor. I assumed from that that his CONVICTION was for a DV offense. If so, then he is DQ'd like I said.
But if he ended up pleading out to some NON-DV offense like assault and battery or something, then he could still qualify for a CHL.
I realize this is probably not likely but I just thought I'd mention it. The bottom line is that it doesn't matter what he was arrested for. The only thing that counts is what he was CONVICTED of.
But if he ended up pleading out to some NON-DV offense like assault and battery or something, then he could still qualify for a CHL.
I realize this is probably not likely but I just thought I'd mention it. The bottom line is that it doesn't matter what he was arrested for. The only thing that counts is what he was CONVICTED of.
- Fri Aug 31, 2007 9:57 pm
- Forum: General Texas CHL Discussion
- Topic: CHL and domestic violence
- Replies: 23
- Views: 3938
I think your co-worker is DQ'd from getting a TX CHL. One of the requirements is that you have to be eligible to buy a handgun under federal law. With a DV conviction, your co-worker is not eligible to purchase a handgun, so he cannot get a CHL.
There's a place on the form where you have to list any criminal convictions you have. When he puts down the DV conviction, he will be rejected.
Worse yet, there is no expiration date or time limit. Unless federal law is changed (not likely), the DV conviction sticks for life.
The best he can do is keep a gun in his car, (under the new law that takes effect on SEP 1, 2007) provided he can "obtain" one through some legal means - like a gift or something.
Sorry.
There's a place on the form where you have to list any criminal convictions you have. When he puts down the DV conviction, he will be rejected.
Worse yet, there is no expiration date or time limit. Unless federal law is changed (not likely), the DV conviction sticks for life.
The best he can do is keep a gun in his car, (under the new law that takes effect on SEP 1, 2007) provided he can "obtain" one through some legal means - like a gift or something.
Sorry.