Need some help with a couple of legal questions...

[Humanphibian]

First question:

What federal statute(s) outline offense/punishment for posessing a firearm while subject to a protective order?

second question:

What Agency handles these cases?

third question:

Does a case like this have to be reffered to the federal agency, if it is aso being prosecuted by a county D.A. or can it be reported, investigated, and prosecuted seperatly.


BTW.....I am not the on in the poop on this one, it is my wife's ex-husband. We are still dealing with his bull from the assault last summer (outlined in the "Never Again" section, aug. 08). Denton PD removed a weapon from him a couple of weekes ago after discovering it while on a Domestic Violence call to his residence. Apparently he made numerous (weapon related) threats toward me, my wife, and the 2 kids.....right before he beat the snot out of his new wife. Well as you can imagine....she sang like a bird to the PoPo.

And....YES.....she went runnin right back to him about 2 days later....WHY DO WOMEN DO THAT!!!?????????

[seamusTX]

The federal law is 18 U.S.C. § 922(g)(8)(C)(ii).

This summary is pretty good: http://en.wikipedia.org/wiki/Domestic_V ... er_Gun_Ban" onclick="window.open(this.href);return false;

Federal laws have to be enforced by federal LEOs. However, Texas has an equivalent statute, PC 25.07(a)(4), that local and state police can use for enforcement.

- Jim

[Humanphibian]

Beautiful...Thanks Jim.

He is being prosecuted for a violation of Protective Order, Class A right now. In addition the DA has pulled his Assault (class A misd) and Harassment (class B misd) from Denton County Criminal Court #4 ( the Judge is kind of passive and seems to prefer probation over incarceration) and moved all of them to Court #1 and tied them all together under a "Family Violence" umbrella. From what I have been led to believe...th Judge in Court 1 is a hardliner and does not hold persons with a history of domestic/family violence with very high regard.

Personaly, I would like to see him charged with a weapons violation that has the possibility of being a felony charge. I am all for every man woman and child having the right to keep and bear arms....but this guy has NO business whatsoever posessing a firearm until his substance abuse, and anger issues have been rectified.

[seamusTX]

Good luck with the legal and family problems. It's a difficult situation.

- Jim

[shootthesheet]

Personaly, I would like to see him charged with a weapons violation that has the possibility of being a felony charge. I am all for every man woman and child having the right to keep and bear arms....but this guy has NO business whatsoever posessing a firearm until his substance abuse, and anger issues have been rectified.

I would like to see all violent offenders in prison at hard labor until they could be trusted with any weapon. That way we would have no need to restrict the civil rights of the law abiding majority. But, since we don't, I agree that anyone who has a history of violence should not be allowed to get away with having one without stiff punishment. I just hate to think he might clean his life up one day and not be able to own a firearm. However, his decisions cause his own loss of rights.

[LaserTex]

and keep everything loaded and with you. Your wife too. This nut will be out on bail or some crazy thing with a grudge...and a drug problem.

Good luck man. That sucks.

Doug

[Humanphibian]

yea...I keep an eye on him constantly.

I have had my share of run in's with him...one in particular was a VERY big learning experience for me, and is a lesson that will not be forgotten.

[Bob Landry]

and keep everything loaded and with you. Your wife too. This nut will be out on bail or some crazy thing with a grudge...and a drug problem.

Good luck man. That sucks.

Doug

And he will obtain another firearm.. Not a good combination for anyone..