Dallas, TX asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Texas

Q: I can't buy a weapon because of 2 domestic violence charges and no felony offenses is that legal they were misdaminors

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: If you have been convicted in any court of a misdemeanor crime of domestic violence then it is a violation of federal law for you to possess firearms or ammunition. US Code Title 18 Section 922(g)(9)

It is also a federal crime for a person to sell you a firearm (or even gift it to you) if they have reason to believe you have been convicted of a misdemeanor crime of domestic violence. US Code Title 18 Section 922(d)(9)

This law was passed in 1996 and its Constitutionality has been affirmed by the courts. In United States v. Castleman (2014), the US Supreme Court upheld the application of the lifetime ban to a misdemeanor crime of "domestic violence" that involved only an "offensive touch" rather than physical violence. In Texas, that would be equivalent to a Class C Misdemeanor Assault by Contact.

In Texas, it is possible to commit Class C Assault by Threat without the using a deadly weapon. Theoretically, a conviction under Texas Penal Code 22.01(a)(2) that did not involve a deadly weapon would not meet the federal definition of “misdemeanor crime of domestic violence” per US Code Title 18 Section 921(a)(33)(A).

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