General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTexas domestic violence law does not:
-Explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident.
Firearm Prohibitions for Domestic Violence Misdemeanants
Texas prohibits firearm possession by domestic violence misdemeanants for five years following release from confinement or community supervision. These gun possession prohibitions attach to a domestic violence misdemeanor offender for offenses committed against: 1) a former or current dating partner of the offender or someone with whom the offender has had a romantic relationship; 2) any present or former household member or cohabitant of the offender, regardless of their relationship to the offender; and 3) specified family members of the offender, regardless of whether they reside with the offender. However, a broader federal law prohibits domestic violence misdemeanants from possessing firearms regardless of when the conviction occurred.
If a person is convicted of a misdemeanor involving family violence, the court must notify the person of the fact that it is unlawful for the person to possess or transfer a firearm or ammunition.
A peace officer who is issuing a citation for certain misdemeanors is required to provide the person with the following written notice:
If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney.
A court that is accepting a plea of guilty or a plea of nolo contendere by a defendant charged with a misdemeanor involving family violence must admonish the defendant using the same statement, either orally or in writing.
http:// lawcenter.giffords.org/domestic-violence-and-firearms-in-texas/
Demsrule86
(68,582 posts)sold him one or gave him one needs to be charged.
"The dishonorable discharge is based on a general court-martial conviction. This means the conviction is a felony, regardless of what the underlying offense may have been. The convicted felon is banned from possessing a firearm including Title II Firearms (a Silencer, SBR, SBS, AOW, or Machine Gun).Sep 26, 2010"
ehrnst
(32,640 posts)Dr Hobbitstein
(6,568 posts)How he was able to pass the background check is what amazes me.
DetroitLegalBeagle
(1,923 posts)He received a Bad Conduct Discharge, which does not disqualify him. Further, UCMJ does not have a Domestic Violence statute. DV cases are handled through assault and battery charges typically. So he would also not have the disqualifying domestic violence charge on his record either.
ehrnst
(32,640 posts)The Polack MSgt
(13,189 posts)He was convicted of assaulting his wife and child. He served a year in military prison and got a bad conduct discharge.
That sounds like a federal felony conviction, so I don't know how it would not be a disqualifying offense.
Still reading though, I'll edit to add if I find out WTF happened...