TexasCHLforum.com

srothstein wrote:Both you and Frank checked it, and I have to admit I did not look at the federal law on it. But if you look at the definitions, it says an intimate partner is anyone who has cohabitated, which legally just means lived with, as in roommates.

But wait! There's more!

a) DEFINITION-Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

"(33)(A) Except as provided in subparagraph (C), the term 'misdemeanor crime of domestic violence' means an offense that-

"(i) is a misdemeanor under Federal or State law; and

"(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.


"Cohabiting", or being roommates, only applies if the cohabitors are "spouse, parent, or guardian, or (a) person similarly situated (to the above)."

Kevin

srothstein wrote:You have just admitted to violating federal law. It is illegal for you to purchase firearms.

Steve, I disagree.

In this case, federal law on domestic violence (the "Lautenberg Amendment") clearly doesn't apply. They were just room-mates, not "similarly situated to a spouse".

Kevin

txinvestigator wrote: He was not screwed over by the police. Roomates qualify under DV, and the police are REQUIRED to take action.

It's too late for me to dive into the PC or FC, so I'll let you back the "roomates qualify under DV" with a cite from Texas code.

Meanwhile, I'll point out that the Lautenberg Amendment defines "domestic" like this:

"has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim."

Simple roomates would not qualify for DV under federal law. And in Texas, even same-sex couples wouldn't qualify, since they can't be "person(s) similarly situated to a spouse".