Class c Family violence advise

[castlegaphunter]

Any lawyers or anybody with knowledge of the law welcone to respond.

Asking for a friend. This isn't a felony charge but is there a restriction on guns with this, being a class c misdeamnor-family violence. Thank you

[SC-Texas]

The answer is yes. There was a Supreme Court decision a few years ago that changed the interpretation of the violence against women Act of 1994. Prior to approximately 2014 a Class C misdemeanor was not considered a Prohibition Crime. After the Supreme Court decision, the prohibition was extended to class C misdemeanors. This made everybody that had bought a gun between 1994 and I believe 2014 with a Class C Family Violence misdemeanor instant felons. Congratulation Democrats

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[castlegaphunter]

The act wasn't against a woman, but they treat the law as such to protect them? It was with a family member. Wow that's a bummer.

[mww982]

Texas Penal Code - PENAL § 46.04. Unlawful Possession of Firearm

(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later;  or

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

(b) A person who has been convicted of an offense under Section 22.01 , punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:

(1) the date of the person's release from confinement following conviction of the misdemeanor;  or

(2) the date of the person's release from community supervision following conviction of the misdemeanor.

(c) A person, other than a peace officer, as defined by Section 1.07 , actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure , or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.

(d) In this section, “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.

(e) An offense under Subsection (a) is a felony of the third degree.  An offense under Subsection (b) or (c) is a Class A misdemeanor.

(f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:

(1) is designated by a law of this state as a felony;

(2) contains all the elements of an offense designated by a law of this state as a felony;  or

(3) is punishable by confinement for one year or more in a penitentiary.

(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:

(1) is not designated by a law of this state as a felony;  and

(2) does not contain all the elements of any offense designated by a law of this state as a felony

Have to be convicted of a Class A Misdemeanor Assault F/V for unlawful possession of a firearm according to the Texas Penal Code.


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[SC-Texas]

The act wasn't against a woman, but they treat the law as such to protect them? It was with a family member. Wow that's a bummer.

VAWA is family members and people you have a dating relationship with if I remember correctly

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[SC-Texas]

Texas Penal Code - PENAL § 46.04. Unlawful Possession of Firearm

(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later;  or

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

(b) A person who has been convicted of an offense under Section 22.01 , punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:

(1) the date of the person's release from confinement following conviction of the misdemeanor;  or

(2) the date of the person's release from community supervision following conviction of the misdemeanor.

(c) A person, other than a peace officer, as defined by Section 1.07 , actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure , or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.

(d) In this section, “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.

(e) An offense under Subsection (a) is a felony of the third degree.  An offense under Subsection (b) or (c) is a Class A misdemeanor.

(f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:

(1) is designated by a law of this state as a felony;

(2) contains all the elements of an offense designated by a law of this state as a felony;  or

(3) is punishable by confinement for one year or more in a penitentiary.

(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:

(1) is not designated by a law of this state as a felony;  and

(2) does not contain all the elements of any offense designated by a law of this state as a felony

Have to be convicted of a Class A Misdemeanor Assault F/V for unlawful possession of a firearm according to the Texas Penal Code.


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And what does that have to do with the 1994 VAWA?

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[mww982]

And what does that have to do with the 1994 VAWA?

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Just letting him know what state law says about it, since that’s what I am knowledgeable about.


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[BowBuddy]

Tell him not to cooperate

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[SC-Texas]

Just letting him know what state law says about it, since that’s what I am knowledgeable about.


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State law has nothing to do with it since the feds will prosecute.

State law also says a felon may own a firearms and posses in his house.

Also, DPS will deny or revoke an LTC if the holder has a class C family assault regardless of state law.

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[mww982]

And what does that have to do with the 1994 VAWA?

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It is the Lautenberg Amendment if the OP wants to read it.

[mww982]

State law has nothing to do with it since the feds will prosecute.

State law also says a felon may own a firearms and posses in his house.

Also, DPS will deny or revoke an LTC if the holder has a class C family assault regardless of state law.

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Yes a felon can posses a firearm in Texas in his residence after 5 years from his release from prison, or completion of probation\parole. Does it mean he would be smart too in case the feds wanted to do something about it, probably not? The state won't because it is not against state law.

Yes, the FEDS could choose to prosecute it if they wanted to. A city, county or state cop cannot arrest him for the federal violation but could refer it to the ATF to see if they wanted to file a case.

[mww982]

Any lawyers or anybody with knowledge of the law welcone to respond.

Asking for a friend. This isn't a felony charge but is there a restriction on guns with this, being a class c misdeamnor-family violence. Thank you

He may have issues at the Federal Level with purchasing a gun and possibly possessing it. At the state level as long as he is not convicted of a Class A charge or higher he can possess a firearm. It is a sticky situation when federal and state laws don't match. Marijuana is illegal at the federal level but legal now in several states. Are the feds raiding and arresting everyone in Colorado for their weed?

[SC-Texas]

He may have issues at the Federal Level with purchasing a gun and possibly possessing it. At the state level as long as he is not convicted of a Class A charge or higher he can possess a firearm. It is a sticky situation when federal and state laws don't match. Marijuana is illegal at the federal level but legal now in several states. Are the feds raiding and arresting everyone in Colorado for their weed?

Funny you should ask that. No they are not. But the first time we get another anti weed president it it can start anytime. There is a great case that is coming out of Utah believe and which a truck driver was arrested in charged with possession and transport of marijuana when he was taking a load of marijuana from a legal state through and illegal state into a legal state.

As far as the guns, the referral goes to the AUSA and they decide if they will prosecute. Often they do. It's an easy win for their record.

The point is, it doesn't matter what state law is since the guy will fail a nics check at the federal level and will not get a proceed on his 4473

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[SC-Texas]

It is the Lautenberg Amendment if the OP wants to read it.

Yup, VAWA

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[castlegaphunter]

Tell him not to cooperate

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Why