Hello and I need help.

[KBCraig]

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

[robotreagan]

§22.01. Assault.

(a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;

(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against

(1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

(2) a person whose relationship to or association with the defendant is described by Section 71.0021 (b), 71.003, or 71.005, Family Code, if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;

(3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person:

(A) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by government to provide the service; or

(B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or

(4) a person the actor knows is a security officer while the officer is performing a duty as a security officer.

(c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is

(1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; or

(2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either.

(A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or

(B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participants capacity as a sports participant.

The only way "family violence" can be called into play here is if it was a Class A assault on a member of the family/household etc.. The penal code does not associate class C assault with the family code.

[frankie_the_yankee]

The only way "family violence" can be called into play here is if it was a Class A assault on a member of the family/household etc.. The penal code does not associate class C assault with the family code.

1) Were you charged under §22.01?

2) Assuming "yes" to the above, someone (your lawyer) has to research exactly what is listed on your conviction record for this offense.

Then you will know where you stand.

[robotreagan]

Penal Code 22.01 - Class C simple assault


For the win!

Thanks everyone! Anymore insight is welcome and I will continue to keep you all updated on the status of my application.

[pbandjelly]

FTW!!!

congrats, man. here's to a speedy application process!

[frankie_the_yankee]

Penal Code 22.01 - Class C simple assault


For the win!

Thanks everyone! Anymore insight is welcome and I will continue to keep you all updated on the status of my application.

Looks good to me. But remember, IANAL. I think you will be OK putting sec. 22.01 Class C simple assault on your application. But if I were you I would still spend a few bucks for a lawyer's opinion. Once you send that application in, anything you wrote on it will live forever.
And again, it also seems that you are OK to buy guns, as the offense you pled out to does not appear to meet the federal definition for DV.

(In TX, it's DV if it involves a member of your household, which includes a roommate. But the federal standard for DV does not include a (non-romantically involved) roommate, as others have pointed out.)

[srothstein]

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

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.

I think that the definition you are saying is what the courts would say also, but I am not 100% convinced of it.

The good news is that I take back what I said about the admission of the federal crime. It is not as clear as I had thought and probably is not a crime.

[dihappy]

The charge is a Class C misdemeanor if the physical contact is merely regarded as " offensive " or "provocative". In those situations, the suspect usually receives a citation and promises to appear later in a Municipal Court where the maximum punishment is by fine up to $500.00.

Haha, i liked that.
Tell that to the Vice Detective who arrested me and to the Magistrate who charged me with a Class A misdemeanor :)

hehe.

[KBCraig]

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

[Greybeard]

You guys are making me go glassey eyed on this one. I think I'll go not hang out at the post office.

[robotreagan]

I got it!

28 days total.

August 2nd application processing
August 29th Application completed - license issued or certificate active

[stevie_d_64]

I got it!

28 days total.

August 2nd application processing
August 29th Application completed - license issued or certificate active

Man, am I so glad you posted this!!!

And to all the negative nancys out there...PBTPHBPTHPBTPHBHP!!!

Robot, yours went faster than my renewal!!! Way to go!!!

Now see, I got something to complain about... Maybe they'll forget about my tantrum 5 years from now...

[Rokyudai]

Congrats Robot...geez, you can make a made for tv movie with this stuff!

[elwood blooz]

Congrats to ya! I think I heard a big sigh of relief!

[phddan]

I got it!

28 days total.

August 2nd application processing
August 29th Application completed - license issued or certificate active

Man, thats great. Good on ya.

Dan