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I guess no one reads my posts nor read my link. Misdemaenor assaults are permanently disqualying. (when straight convictions & against a family member) It doesn’t have to be a “Felony”

There seems to be some confusion on this forum regarding family violence assaults. Any misdemeanor (A,B or C) Assault where a family member is the victim is permanently disqualified. Both from having an LTC & federally prohibited from purchasing. This includes “Assault by Contact” or “Simple Assault” (Misdemeanor C’s). Family is: Spouse, child, romantic cohabitation, shared children, etc. Family is NOT siblings, cousins, aunts/uncles, & even parents. (in other words, an 18 year old man can beat up his mom & it’s not considered family violenc for NICS/DPS purposed.) The charge doesn’t have to specifically state “Domestic Violence”, it just has to have the elements of this. In other words any physical contact against family member (example:wife) that results in a Misdemeanor assault conviction. (example: Assault by Contact or Simple Assault). Please read this link below carefully & thoroughly: https://www.justice.gov/usam/criminal-r ... -convicted

This is a subject I’m passionate about, but I also want to end any confusion, false rumors, etc in the LTC world. I love this forum for the excellent info it provides & Mr Cotton does a great job. No offense to the OP but he shouldn’t win his appeal based on the facts.

What ever happened with this appeal? I’d be shocked if Bryan007 wins, but still curious.

https://www.justice.gov/usam/criminal-r ... -convicted

I think all too often people post here to try & sway others that they are eligible, when in fact they are not. The link above specifically tells us that his conviction of simple assault on a spouse is permanently disqualying. (whether Misd A, B or C). The actual title of the charge doesn’t specifically have to say “Assault- Domestic Violence”, it just has to have the elements of family violence as described in link above. if he so much as laid a finger on a spouse (or plead guilty to doing so), it fits this category.

I have an excellent inside source, & everything I’ve posted on here is accurate as to what Tx DPS does deny for.

If he was charged & convicted of “Simple Assault” in Texas I’d bet the farm that there was some type of physical contact described in the official offense report from the arresting agency. Clearly a wife is considered family violence. I think this one is cut & dry.

Correct- most other states list the charge as “Assault & Battery”, however Texas will have the charges as- “Assault causes bodily injury, Assault by Contact, Simple Assault or just simply Assault. They can range from Misd A, B or C. You also come across “Assault by Threat”- this is the one that is not physical. If an Assault is felony level it will be listed as “Aggravated Assault”. Again, if someone is convicted of: Simple Assault or Assault by Contact in Texas, (Misdemeanor C) & the victim is the wife- that IS a permanent disqualifier for LTC purposes. *my own personal opinion is I think that’s a good thing. (I’m maybe a bit biased being I grew up with this kind of thing)

“Assault by threat” is what you’re describing. Simple Assault can & usually is physical.

Right or wrong, I’m just stating a fact. DPS does & has denied for many applicants who have misdemeanor assault convictions permanently when the victim is a spouse. this includes misdemeanor A, B or C. This has to do with the Brady Bill I believe. Simple Assault and/or Assault by Contact (Misd C) are permanently disqualifying if convicted & victim is wife. it’s just that simple. This is also why TX DPS sends letters to those who have Misdemeanor Assaults (well over 5 Years Old) asking for the offense report. They have to have written proof of who the victim was for each Assault they find on soneone’s record. (when convicted)

A simple assault and/or assault by contact, ARE disqualifying if you were convicted of either (even if just a Misdemaemor C) if the victim was your spouse- in this case your wife at the time. So, sounds like you are permanently ineligible, & should be.