Texas-Book-Gun Law Armed And Educated - Flipbook - Page 109
Q: IN DETERMINING WHETHER A CONVICTION IN A STATE COURT
IS A “CONVICTION” OF A MISDEMEANOR CRIME OF DOMESTIC
VIOLENCE, DOES FEDERAL, STATE OR TRIBAL LAW APPLY?
A: The law of the jurisdiction determines whether a conviction
has occurred. Therefore, if the law of the jurisdiction does not
consider the person to be convicted, the person would not have
the federal disability. [18 U.S.C. 921(a)(33); 27 CFR 478.11]
Q: DOES THE MCDV DISABILITY APPLY TO LAW ENFORCEMENT
OFFICERS?
A: Yes. The Gun Control Act was amended so that employees
of government agencies convicted of misdemeanor crimes of
domestic violence would not be exempt from disabilities with
respect to their receipt or possession of firearms or ammunition.
Thus, law enforcement officers and other government officials
who have been convicted of a disqualifying misdemeanor may not
lawfully possess or receive firearms or ammunition for any purpose,
including performance of their official duties. The disability applies
to firearms and ammunition issued by government agencies,
purchased by government employees for use in performing their
official duties, and personal firearms and ammunition possessed
by such employees. [18 U.S.C. 922(g)(9) and 925(a)(1); 27 CFR
478.32(a)(9) and 478.141]
Q: ARE LOCAL CRIMINAL ORDINANCES “MISDEMEANORS UNDER
STATE LAW” FOR PURPOSES OF 18 U.S.C. 922(d)(9) AND (g)(9)?
A: Yes, assuming a violation of the ordinance meets the
definition of “misdemeanor crime of domestic violence” in all
other respects.
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