Double J,
I suggest you tell the person to check with a lawyer. If the assault occurred before the marriage was effective, then they were not family at the time, according to state law. I don't believe the offense could be upgraded after the offense if the marriage occurred between the offense and the trial, but it could have happened.
Also, as I understand the federal law, a brother in law would not be considered domestic violence.
But, I could be wrong, so I strongly suggest that he check with an attorney who could get a copy of his records and verify the data. He might also be able to call the ATF and ask them but I don't know if they will give him an answer or stick by it (like the IRS is not bound to stand by their advice to you).
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- by srothstein
- Sun Feb 10, 2008 10:23 pm
- Forum: General Texas CHL Discussion
- Topic: Question about "family violence" conviction
- Replies: 9
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