Want to buy a gun, but have a DV

txinvestigator

TGT Addict
May 28, 2008
14,205
113
Ft Worth, TX
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.
That is not true. Only if you are convicted of a crime with a potential punushment of over a year are you prohibited under federal law.

From the ATF;

(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]
Yes, a person who –
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
(2) Is a fugitive from justice;
(3) Is an unlawful user of or addicted to any controlled substance;
(4) Has been adjudicated as a mental defective or has been committed to a mental institution;
(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
(6) Has been discharged from the Armed Forces under dishonorable conditions;
(7) Having been a citizen of the United States, has renounced his or her citizenship;
(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
(9) Has been convicted of a misdemeanor crime of domestic violence
(10) Cannot lawfully receive, possess, ship, or transport a firearm.
A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.
Such person may continue to lawfully possess firearms obtained prior to the indictment or information.
[url]http://www.atf.gov/firearms/faq/faq2.htm#b5[/URL]
 

Big country

TGT Addict
Mar 6, 2009
4,319
36
Cedar Park,TX
I'm also sure you know that different states have different names for different crimes. For example in Texas we have a "failure to render aid" law, and some other states call the same thing "hit and run" or "leaving the scene of a crime". So in order for you to know what advice to give, you would need to know what the actual charge was in Colorado and weather it was a class A,B or C misdemeanor. that is why I advised him to go to DPS to ask the questions. I do not know weather Colorado calls the phone charge a class C or a class A. I'm sure it could researched but you would have to find colorado's laws.
 

Big country

TGT Addict
Mar 6, 2009
4,319
36
Cedar Park,TX
damn that was quick! Any way, that is what I'm saying we don't know specifics of the case. He said that his girlfriend and him got into a fight and the police showed up and took him to jail and then he got charged with phone obstruction. Their is a huge gap their.
 

txinvestigator

TGT Addict
May 28, 2008
14,205
113
Ft Worth, TX
I'm also sure you know that different states have different names for different crimes. For example in Texas we have a "failure to render aid" law, and some other states call the same thing "hit and run" or "leaving the scene of a crime". So in order for you to know what advice to give, you would need to know what the actual charge was in Colorado and weather it was a class A,B or C misdemeanor. that is why I advised him to go to DPS to ask the questions. I do not know weather Colorado calls the phone charge a class C or a class A. I'm sure it could researched but you would have to find colorado's laws.
Colorado may not use the terms Class A, B or C, etc. It does not matter what it is called, what matters is the potential punishment.

If you will read the Texas law already posted in this thread he is not ineligible under Texas law if he was convicted in Colorado of a crime punishable by less than 1 year. The Texas statute lists a SPECIFIC charge that makes the person ineligible, by penal code section. Since the OP was not convicted in Texas, that law would not apply to him.

If it was what Texas lists as a felony, then he is ineligible, if not, then he is not prohibited under Texas law. If it is a Domestic Violence conviction as per Federal Law, he is ineligible.
 

Big country

TGT Addict
Mar 6, 2009
4,319
36
Cedar Park,TX
Okay I will be more specific, We don't know weather it is a domestic violence issue or not. Like I said their its a huge hole in the storey line. All I'm trying to say is that we do not know the whole story so we can not form an educated opinion on the the mater I had no intentions of becoming involved in a legal debate as it is apparent that they're are far better lawyers on this site than me.
 

Big country

TGT Addict
Mar 6, 2009
4,319
36
Cedar Park,TX
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
The OP never makes it clear how long the classes were and if he did any time in conjunction with the classes. now you can sit hear all day talk Texas gun laws and that is fine with me. But the question can not be answered without all the facts and we don't have all the facts that is the only reason I advised him to ask DPS, because they could get the facts from him in person without having to broadcast his personal info, and get a reliable answer from a reliable source, face to face. The "all that" in his description could be 1 year. The fact that he had to take classes could mean it was a domestic violence charge, WE DO NOT KNOW THE WHOLE STORY.
 

txinvestigator

TGT Addict
May 28, 2008
14,205
113
Ft Worth, TX
, WE DO NOT KNOW THE WHOLE STORY.
WHich is why I qualified my statements and gave either/or scenarios.

If it was a felony in Colorado, he is not eligible under federal law to purchase the handgun, or to even possess one in Texas.

If it was not a felony, then under Texas law he is not prohibited. If it was not a felony but it IS a domestic violence (per federal law) conviction then federal law makes him inelgible.
 

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