Texas-Book-Gun Law Armed And Educated - Flipbook - Page 108
Q: IS AN INDIVIDUAL WHO HAS BEEN PARDONED, OR WHOSE
CONVICTION WAS EXPUNGED OR SET ASIDE, OR WHOSE CIVIL
RIGHTS HAVE BEEN RESTORED, CONSIDERED CONVICTED OF A
MISDEMEANOR CRIME OF DOMESTIC VIOLENCE?
A: No, as long as the pardon, expungement, or restoration does
not expressly provide that the person may not ship, transport,
possess, or receive firearms. A restoration of civil rights, however,
is only effective to remove the federal firearms disability if the
law of the jurisdiction provides for the loss of civil rights for a
conviction of such a misdemeanor. [18 U.S.C. 921(a)(33); 27
CFR 478.11]
Q: IS THE RELATIONSHIP BETWEEN THE PARTIES AN ELEMENT
OF A MCDV?
A: No. The “as an element” language in the definition of
“misdemeanor crime of domestic violence” only applies to the
use of force provision of the statute and not the relationship
provision. However, to be disabling, the offense must have been
committed by someone whose relationship to the victim meets
the definition in the Gun Control Act (GCA). [18 U.S.C. 921(a)
(33); 27 CFR 478.11]
Editor’s note: This basically means that if illegal force was
used against another person, regardless of the language in
the underlying statute, if the illegal force was used against a
protected person under the statute, federal law will deem this
as satisfying the requirements and disqualify the individual from
purchasing and possessing firearms.
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