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by Charles L. Cotton
Sat Sep 01, 2007 9:24 am
Forum: General Texas CHL Discussion
Topic: CHL and domestic violence
Replies: 23
Views: 3934

TX Rancher wrote:Charles:

I'm going to show my ignorance here and ask what the Dr. Emerson thing is about.
Dr. Emmerson was in a nasty divorce and was subject to typical injunctions in a divorce that prohibit various acts of family violence. This triggered the Violence Against Women Act (VAW) that prohibits possession of firearms, ammo, and ammo components and he was found guilty. (There were other allegations, but they are not relevant to this discussion.) His case went to the 5th Circuit where the Court held the Second Amendment was an individual right, but that the VAW did not violate the Second Amendment.

Chas.
by Charles L. Cotton
Sat Sep 01, 2007 12:54 am
Forum: General Texas CHL Discussion
Topic: CHL and domestic violence
Replies: 23
Views: 3934

frankie_the_yankee wrote:
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.
That's just per federal law. Under TX law, he can own firearms. He just can't purchase any from an FFL.

My understanding is that TX LEO's do not enforce the federal (Lautenberg) ban, or any other federal laws for that matter.
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.

Return to “CHL and domestic violence”