Posted: 5/5/2015 10:02:10 AM EDT
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http://crimeblog.dallasnews.com/2015/05/8-things-to-know-about-dallas-countys-new-domestic-violence-gun-policy.html/
New gun confiscation program aimed at domestic violence. |
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I don't think someone should be a prohibited person for class-C assault convictions. Think about this, You and your brother punch each other. You get cited for class-C assault. You are now prohibited from gun possession for life???  Your brother is a family-member.Another situation that is common. Two married people accuse each other of pushing each other. The officer writes a citation for simple assault. You are now a prohibited person. ??????A lot of this varies state-to-state I realize. TX generally requires it to be a class-A. But I think FEDERAL statutes include class-C. I need to look at it. The 4473 does appear to exclude simple-assault. These kinds of statutes should be repealed. Minor offenses shouldn't be lifetime bans on constitutional rights. |
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Article has some errors, so not sure of what is actually going to happen., but it seems they are only confiscating guns from folks who were required under Federal Law to give them up.
If you are on the verge of becoming a prohibited person, the smart move is to sell your guns and at least collect some cash for them. |
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It also appears federal statutes require it to be more than a class-C conviction. At least Texas does not go off the deep-end with class-C's. I think there are a few states that go crazy with this stuff. ----------- A "misdemeanor crime of domestic violence” means an offense that:
However, a person is not considered to have been convicted of a misdemeanor crime of domestic violence unless:
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. [18 U.S.C. 921(a)(33), 27 478.11] |
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I don't recall ever seeing a Class C assault charge with a domestic violence enhancement.
Care to cite the statute? ACBI/FV/MA (Assault causing bodily injury) is a Class A misdemeanor. ACBI/FV/F3 (Family violence) is a Felony 3rd if there is a previous conviction, or if the victim was choked. ACBI/FV/F2 is a Felony 2nd if there is a previous conviction, AND the victim was choked. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm |
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Quoted: I don't recall ever seeing a Class C assault charge with a domestic violence enhancement. Care to cite the statute? ACBI/FV/MA (Assault causing bodily injury) is a Class A misdemeanor. ACBI/FV/F3 (Family violence) is a Felony 3rd if there is a previous conviction, or if the victim was choked. ACBI/FV/F2 is a Felony 2nd if there is a previous conviction, AND the victim was choked. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm A "misdemeanor crime of domestic violence” means an offense that:
Is what I think I was remembering. So Class-C is not included. But what do other states say on it I wonder. |
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Quoted:
It also appears federal statutes require it to be more than a class-C conviction. Lautenberg Amendment specifies Misdemeanors and not level, as levels vary across states. (9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. There are also no exemption for police. Nothing new here, this is Fed Rule for 20 years. |
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Quoted:
Article has some errors, so not sure of what is actually going to happen., but it seems they are only confiscating guns from folks who were required under Federal Law to give them up. If you are on the verge of becoming a prohibited person, the smart move is to sell your guns and at least collect some cash for them. this. |
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The problem with the Federal Lautenburg Amendment, a.k.a. Domestic Violence Offender Gun Ban, is that it is an ex post facto law, and there is currently no method for restoration of liberties at the federal level following the successful completion of sentence.
ETA: As far as I'm concerned, it's just another federal attempt at gun control--a little nibble by attacking the rights of a unsympathetic victim. |