Texas-Book-Gun Law Armed And Educated - Flipbook - Page 105
after a hearing which the person received actual notice of and
had an opportunity to participate in; (b) restrains the person from
harassing, stalking, or threatening an intimate partner or child
of such intimate partner or person, or engaging in other conduct
that would place an intimate partner in reasonable fear of bodily
injury to the partner or child; and (c) includes a finding that such
person represents a credible threat to the physical safety of such
intimate partner or child; or by its terms explicitly prohibits the
use, attempted use, or threatened use of physical force against
such intimate partner or child that a person would reasonably be
expected to cause bodily injury. An “intimate partner” of a person
is the spouse or former spouse of the person, the parent of a child
of the person, or an individual who cohabitates with the person. See
18 U.S.C. § 921(a)(32).
7. Domestic violence issues and disqualifications
A person who has ever been convicted of the crime of domestic
violence may not purchase or possess firearms under federal law. The
two primary factors considered are the use of force (or threatened
force) and who the force or threatened force was against. This is
an often misunderstood law, and, in fact, the ATF has numerous
“Frequently Asked Questions” concerning this disqualification on
its website: www.atf.gov. The ATF does a good job of explaining
the scope of this subject in its FAQs. Due to the complexity of this
issue, the ATF examples are included here:
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