Waco: FBI agent sentenced for dog shooting

[seamusTX]

An FBI agent was sentenced to two years deferred adjudication probation and ordered to perform 300 hours of community service for shooting a dog.

In February 2008 he used a BB gun to fatally shoot a 3- to 4-pound Chihuahua in front of his house. The offense is a state jail felony.

http://www.kwtx.com/home/headlines/50223272.html" onclick="window.open(this.href);return false;

- Jim

[Bart]

FBI spokesman Erik Vasys said Wednesday the agency will determine whether Ledger faces any sanctions, which could range from suspension to dismissal, after an internal inquiry is completed.

I didn't know felons could be FBI agents but maybe that explains some other incidents involving FBI shooters, both in the Waco area and nationwide.

[joe817]

To bad the mayor in Kansas, who went on a vigilante hunt to kill dogs in his town....and the policeman who killed that miniature dachshund don't live in TEXAS!

[seamusTX]

I didn't know felons could be FBI agents but maybe that explains some other incidents involving FBI shooters, both in the Waco area and nationwide.

I think he may have made it just under the wire.

Federal law bars people from possessing firearms if they have been convicted of a crime that carries a sentence of one year or more in federal court, or more than two years in state court.

Also, this is a case of deferred adjudication. If he keeps his nose clean for two years, his conviction will be vacated.

This guy might actually qualify to be a federal agent and ineligible for a Texas CHL.

- Jim

[joe817]

What a twist of ironies THAT might turn out to be!

[Bart]

This guy might actually qualify to be a federal agent and ineligible for a Texas CHL.

That says a lot about who Texas peace officers should really be worried about.
And who they should be disarming during traffic stops!

[ELB]

Federal law bars people from possessing firearms if they have been convicted of a crime that carries a sentence of one year or more in federal court, or more than two years in state court.
- Jim

I was unaware of a difference between convictions under federal or state law -- all the references I have been able to find simply state that 922(g) says one is prohibited from possessing a firearm (that has been in interstate commerce blah blah blah) and has been "convicted of a crime punishable by imprisonment for a term exceeding one year." And I believe that the 'any court' provision applies as well - federal, state, foreign, etc

Do you have a reference/link to the part about state courts...?

I would also suspect that the FBI agent will face other formal hurdles in keeping his job, aside from the conviction and general suspicion of his "judgement." I suspect that many, if not all, FBI agents must have a Secret level clearance. If so, they are required to report forever and ever, any arrest and/or conviction, regardless of deferred adjudication, expungement, pardon, what have you... (as a practical matter there is really no such thing as expungement or erasing arrests and convictions from your record, as far as the government is concerned). Having an arrest or conviction does not automatically mean you will be denied a clearance, but it does not help, and if you have to get a higher clearance, e.g. Top Secret, it can be a problem. Unless, of course, you are elected to Congress or appointed to a position in certain administrations...

[seamusTX]

I think I was wrong.

The original Gun Control Act of 1968, Public Law 90-618, contained this definition:

18 USC 921(a)(20) The term "crime punishable by imprisonment for a term exceeding one year" does not include --

(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

As far as I can tell, this definition remains in effect.

Certain acts of animal cruelty are defined as a felonies in Texas law, not misdemeanors.

It looks like a deferred ajudication may not disqualify one from receiving firearms after the sentence is discharged, or whatever the technical term is.

As usual, IANAL, etc.

- Jim

[ELB]

Aha, thanks. I could not find (quickly) the actual federal statutes, all I really found were DOJ and ATF dissertations on administering the law... and none of them mentioned the GCA verbiage quoted above, even though they went into some detail on other aspects of the law... such as the "firearm in interstate commerce" business...

[seamusTX]

The easiest way to find this stuff is to search the web for "18 usc 921" (of course, you have to know that number -- 922 is the main body of federal firearms law). That will turn up a site like this one: http://www4.law.cornell.edu/uscode/18/u ... 20_44.html" onclick="window.open(this.href);return false;

The federal government does not have well-organized index of laws and codes.

- Jim

[seamusTX]

Former agent: http://www.kwtx.com/home/headlines/67749607.html" onclick="window.open(this.href);return false;

Karma is a nasty female dog.

- Jim