Texas-Book-Gun Law Armed And Educated - Flipbook - Page 106
FREQUENTLY ASKED QUESTIONS FROM THE ATF WEBSITE
Q: WHAT IS A “MISDEMEANOR CRIME OF DOMESTIC VIOLENCE”?
A “misdemeanor crime of domestic violence” is an offense that:
(1) Is a misdemeanor under federal, state, or tribal law;
(2) Has, as an element, the use or attempted use of physical
force, or the threatened use of a deadly weapon; and
(3) Was committed by a current or former spouse, parent, or
guardian of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabiting
with or has cohabited with the victim as a spouse, parent,
or guardian, or by a person similarly situated to a spouse,
parent, or guardian of the victim.
However, a person is not considered to have been convicted of
a misdemeanor crime of domestic violence unless:
(1) The person was represented by counsel in the case, or
knowingly and intelligently waived the right of counsel in
the case; and
(2) In the case of a prosecution for which a person was
entitled to a jury trial was tried, either —
(a) the case was tried by a jury, or
(b) the person knowingly and intelligently waived the
right to have the case tried by a jury, by guilty plea
or otherwise.
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
Purchasing, Transferring, And Possessing Firearms | 95
