Texas-Book-Gun Law Armed And Educated - Flipbook - Page 107
the law of the jurisdiction in which the proceedings were held
from receiving or possessing firearms.
[18 U.S.C. 921(a)(33); 27 CFR 478.11]
Editor’s note: A significant number of people make the mistake
of overlooking or forgetting about a court issue or family law
judicial proceeding. However, if you meet the above criteria, you
are federally disqualified from possessing a firearm. The fact
that it may have happened a long time ago, or that you did not
understand the ramifications, is legally irrelevant.
Q: MUST A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE (MCDV)
BE DESIGNATED AS A “DOMESTIC VIOLENCE” OFFENSE?
A: No. A qualifying offense does not need to be designated as a
domestic violence offense. For example, a conviction for assault may
qualify as a misdemeanor crime of domestic violence even if the
offense is not designated as a domestic violence assault. [18 U.S.C.
921(a)(33) and 922(g)(9); 27 CFR 478.11 and 478.32(a)(9)]
Q: DOES THE PROHIBITION ON RECEIPT OR POSSESSION OF
FIREARMS AND AMMUNITION APPLY IF THE PERSON WAS
CONVICTED OF AN MCDV PRIOR TO THE ENACTMENT OF 18 U.S.C.
922(g)(9) ON SEPTEMBER 30, 1996?
A: Yes.
Editor’s note: For those wondering why this is not an
unconstitutional ex-post facto law, multiple federal appeals
courts have ruled against that argument and the Supreme
Court has consistently declined to review any of those cases,
effectively accepting the ruling of the courts of appeals and
upholding this interpretation of the law.
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