Want to buy a gun, but have a DV

RydnDrty

New Member
Apr 13, 2009
1
1
Well back in 2004 me and my GF at the time got into an arguement in Colorado. Well long story short, i was arrested for false imprisonment, harrassment, and telephone obstruction. They dropped all the charges except the telephone obstruction. I did my classes and all theat, and havent gotten more than a speeding ticket since. So basically I would like to but a pistol now, and was wondering if I can. I can't find a definative answer online, so I was hoping that someone of here could help me out. Thanks
 

Texas1911

TGT Addict
May 29, 2017
10,623
38
Austin, TX
It has to be 5 years since your last date of imprisonment, classes, etc. So if you completed your sentence in say 2005 then you'll have to wait until 2010.

This is the penal code excerpt:

(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person's release from confinement following conviction of the misdemeanor; or
(2) the date of the person's release from community supervision following conviction of the misdemeanor.
 

Texas42

TGT Addict
Nov 21, 2008
4,539
48
Texas
Texas1911, I don't know, but is there a National DV gun law?

Is the one you pointed out Texas law? Sorry, I just am getting things straight. Thanks.
 

JKTex

Well-Known
Mar 11, 2008
2,018
38
DFW, North Texas
I think the question is about buying in Texas. Just the offenses were in Colorado the way I read it.

Dumb question. What is DV? I thought Domestic Violence but the conviction was "telephone obstruction".

I just want to make sure that if I take my daughters mobile phone away, I won't be charged with a crime.
 

Big country

TGT Addict
Mar 6, 2009
4,339
36
Cedar Park,TX
Call or go in to you're local DPS office you may have to set an appointment, but you should be able to find someone there that can help you if that doesn't work call or visit you're local police department. I would think you should be able to get the answers you're looking for that way. Keep us posted.
And by the way is telephone obstruction a class A, B or C misdemeanor, and what exactly did you do to get charged with it?
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
Call or go in to you're local DPS office you may have to set an appointment, but you should be able to find someone there that can help you if that doesn't work call or visit you're local police department. I would think you should be able to get the answers you're looking for that way. Keep us posted.
And by the way is telephone obstruction a class A, B or C misdemeanor, and what exactly did you do to get charged with it?

He wants to buy a gun, not apply for a CHL. He was convicted in Colorado.
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
It has to be 5 years since your last date of imprisonment, classes, etc. So if you completed your sentence in say 2005 then you'll have to wait until 2010.

This is the penal code excerpt:

(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person's release from confinement following conviction of the misdemeanor; or
(2) the date of the person's release from community supervision following conviction of the misdemeanor.
From section 46.04 of the penal code.

Section 22.01 is assault. He was not convicted of assault, but of Telephone Obstruction. Even had this occured in Texas he would not be prohibited under that statute.

Since it was in Colorado he is not prohibited under Texas law from possessing a handgun, unless it was a felony offense.

From the ATF website;

Q. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE


(Q1) What is a “misdemeanor crime of domestic violence”? [Back]
A “misdemeanor crime of domestic violence” means an offense that:
  1. is a misdemeanor under Federal or State law;
  2. has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon; and
  3. was 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.
However, a person is not considered to have been convicted of a misdemeanor crime of domestic violence unless:
  1. the person was represented by counsel in the case, or knowingly and intelligently waived the right of counsel in the case; and
  2. in the case of a prosecution for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either –
(a) the case was tried by a jury, or
(b) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
In addition, a conviction would not be disabling if it 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 jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing firearms

Q4) X was convicted of misdemeanor assault on October 10, 1996, for beating his wife. Assault has as an element the use of physical force, but is not specifically a domestic violence offense. May X lawfully possess firearms or ammunition? [Back]
No. X may not legally possess firearms or ammunition.
[18 U.S.C. 922(g)(9), 27 CFR 478.32(a)(9)]


(Q5) X was convicted of a misdemeanor crime of domestic violence on September 20, 1996, 10 days before the effective date of the statute. He possesses a firearm on October 10, 2004. Does X lawfully possess the firearm? [Back]
No. If a person was convicted of a misdemeanor crime of domestic violence at any time, he or she may not lawfully possess firearms or ammunition on or after September 30, 1996.
[18 U.S.C. 922(g)(9), 27 CFR 478.32(a)(9)]


(Q6) In determining whether a conviction in a State court is a “conviction” of a misdemeanor crime of domestic violence, does Federal or State law apply? [Back]
State law applies. Therefore, if the State does not consider the person to be convicted, the person would not have the Federal disability.
[18 U.S.C. 921(a)(33), 27 CFR 478.11]


(Q7) What State and local offenses are “misdemeanors” for purposes of 18 U.S.C. 922(d)(9) and (g)(9)? [Back]
The definition of misdemeanor crime of domestic violence in the GCA includes any offense classified as a “misdemeanor” under Federal or State law. In States that do not classify offenses as misdemeanors, the definition includes any State or local offense punishable by imprisonment for a term of 1 year or less or punishable by a fine. For example, if State A has an offense classified as a “domestic violence misdemeanor” that is punishable by up to 5 years imprisonment, it would be a misdemeanor crime of domestic violence. If State B does not characterize offenses as misdemeanors, but has a domestic violence offense that is punishable by no more than 1 year imprisonment, this offense would be a misdemeanor crime of domestic violence.
[18 U.S.C. 921(a)(33), 27 CFR 478.11]


(Q8) Are local criminal ordinances “misdemeanors under State law” for purposes of sections 922(d)(9) and (g)(9)? [Back]
Yes, assuming a violation of the ordinance meets the definition of “misdemeanor crime of domestic violence” in all other respects.


(Q9) In order for an offense to qualify as a “misdemeanor crime of domestic violence,” does it have to have as an element the relationship part of the definition (e.g., committed by a spouse, parent, or guardian)? [Back]
No. The “as an element” language in the definition of “misdemeanor crime of domestic violence” only applies to the use of force provision of the statute and not the relationship provision. However, to be disabling, the offense must have been committed by one of the defined parties
 

Big country

TGT Addict
Mar 6, 2009
4,339
36
Cedar Park,TX
He wants to buy a gun, not apply for a CHL. He was convicted in Colorado.
I never said he was. I was pointing out that it would be a good reliable source of info straight from the horses mouth. I'm not sure if you are aware but if you have a criminal record you can't buy a gun. that is why we do criminal background checks when we purchase a firearm, so that if you have a criminal record you don't get a firearm.
 

Sponsors

Greeneye Tactical
Texas Gun Forum Ad
silencers
third coast
Ranier
Tyrant Designs
DK Firearms

Forum statistics

Threads
95,329
Messages
2,116,740
Members
30,374
Latest member
Hamster1
Top Bottom