At the NRA convention, I chatted with the FBI guys that were there at their booth.  We started talking about nics, and all the denials, etc.  they mentioned they had a "list" of misdemeanor domestic violence charges that would result in a denial.  Mind you, not a simple domestic violence charge, but a list of hundreds of crimes that would result in a denial.  They called it their mcdv list.

They wouldn't supply me a copy,  but I'm going to foia it. What I think it is, is a list of the 50 state laws and what constitutes DV.  But then would it really be "hundreds" of charges?  Anyone hear of such a list or have it? I'd be interested in a copy.  

Me too

Please do. I'm sure that a lot of us would be interested in seeing it.

Haven't gotten arrested for beating my wife yet, so IDC.
 

Yet?

#50 SIIHPP

Tag for the update in 1 year when the FOIA comes back

Optimist.

It makes sense that they'd be hundreds if you count each state charge separately. Stalking, criminal harassment or assault of domestic partner, criminal trespass (violation of restraining order), reckless endangerment of a child, and I'm sure there are more.

As far as I knew only Misdemeanor Assault Domestic charges would be a downcheck

And filing a FOIA request

Are we talking charges or convictions?
 

Texas makes it easy. They generally have the moniker "Family Violence" attached to them. Assault Family Violence, Aggravated Assault Family Violence, Assault - Suffocation/Strangulation Family Violence, etc...

Well... That is a good question.  Lautenberg was for convictions iirc.  The way the conversation went lead me to believe that charges were enough for a delay, and that most dealers wouldn't transfer on a hold, so it's a de facto ban.

FBI has a booth there?
 

That is what I was thinking... Anything that could fall under the heading of "Crimes against the family" probably are included.   I don't have "the list" you seek, but I'd be willing to bet Eric is spot on.

They were FBI contractors,mor at least the one I spoke to.  ATF had a booth there too.  Didn't feel like talking to them, but they were sitting in front of me during the town hall meeting with pres nominees.  They left before Issa spoke

That list should be public.  They told me it was "Leo sensitive"

I don't see how that would be "LEO Sensitive"... But then again some of the reallly realllllly stupid shit I see in my briefing room labeled "LEO Sensitive" would make GD erupt with gales of laughter and cop bashing.

tagged

I do believe the 4473 asks if you were convicted of or are under indictment of a charge of DV which would be the reason for the list...
If the agency doing the 'NICS' check doesn't have a list of charges, how can they determine if you are prohibited?

Of course, DV has been greatly expanded in definition since that waste of skin Laughtenberg got that crap pushed through, and covers things it was never supposed to cover....

WTF?



 

As always NOLO is on it.

Your like the Messiah for the firearms world. Keep it up kid, your going places.

Go on....

My worry is that a dv that we all consider a dv is somehow expanded on their list to include things we would never exoect to be dv,  We need to know what their criteria are.  Why it's not public information is beyond me.

You punch your wife and are arrested. You go to court and plea out to a disturbing the peace and not a DV. According to the feds, you are a prohibited person.

Another attorney had to show me the case law, as the Lautenberg Amendment had a ton of holes. Mainly, DV is different in every state and the feds are only supposed to forbid those that have committed acts that met the fed criteria. Somehow, somewhere, case law was developed that included any conviction for a DV incident EVEN IF the conviction was not for DV.

At the time, I was trying to correct some internal policies, when the law came out. I will see if I can find it......

This 2 page brochure seems to spell it out somewhat

http://www.leg.state.nv.us/75th2009/Exhibits/Assembly/JUD/AJUD89E.pdf

I would, but I'd have to shoot your dog.

You would be suprised the number of differant types of domestic violence. Each law has a set of elements that need to be met to charge that crime.

Add or subtract an element different charge.

ETA: How Kansas defines domestic violance
(i) “Domestic violence” means an act or threatened act of violence against a person with whom the offender
is involved or has been involved in a dating relationship, or an act or threatened act of violence against
a family or household member by a family or household member. Domestic violence also includes any
other crime committed against a person or against property, or any municipal ordinance violation against
a person or against property, when directed against a person with whom the offender is involved or has
been involved in a dating relationship or when directed against a family or household member by a family
or household member. For the purposes of this definition:
(1) “Dating relationship” means a social relationship of a romantic nature. In addition to any other factors
the court deems relevant, the trier of fact may consider the following when making a determination
of whether a relationship exists or existed: Nature of the relationship, length of time the relationship
existed, frequency of interaction between the parties and time since termination of the relationship, if
applicable.
(2) “Family or household member” means persons 18 years of age or older who are spouses, former
spouses, parents or stepparents and children or stepchildren, and persons who are presently residing
together or have resided together in the past, and persons who have a child in common regardless of
whether they have been married or have lived together at any time. Family or household member also
includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless
of whether they have been married or have lived together at any time.
(j) “Domestic violence offense” means any crime committed whereby the underlying factual basis includes
an act of domestic violence.

http://www.ncdsv.org/images/MCDV_Info%20needed%20to%20enforce%20the%20firearm%20prohibition.pdf

Better copy.

Those poor FBI guys had no idea who they were talking with.

You mean like a domestic violence that was pled down to a simple assault, because I believe I've seen that one before.  

Oh yeah about half of the FOUO shit on our podium has already been in the papers before DHS/FBI sends the bulletin..Our addresses arent "LE Sensetive" bust some of the stupidist shit is..  

I agree. There is absolutely no reason to keep such a list secret, especially because it is a crime to sell a firearm or ammo to a prohibited person.

2 pages???  Pikers

Here;s the NJ Ag Guideline for DV

Linky

Just dont ask BATFE for a list theirs starts with  " Parked and Failed to Set Brakes."

Bump for day crew

There was a guy in Md a few years back that was raided and his firearms were confiscated due to a DV definition change.
He had been in a bar fight back in the late '70's- early '80's and was charged with assault, as were most of the participants... Fast forward many years, and many legal gun purchases, and the guy ends up being voted as Md's 'person of the year'... not long after that he gets raided after trying to buy a gun and getting denied due to the overly broad interpretation of DV....

The Lautenberg Amendment is total shit, designed to disqualify as many people as possible regardless of actual DV history....

Not just DV misdemeanors, but I just ran across this list from MA while looking up some laws for a post in a different thread.