GoFuckYourself.com - Adult Webmaster Forum - View Single Post - The white house is going to take away your guns

dyna mo · 12-15-2009, 01:41 PM

There are two separate federal firearms laws which relate to domestic violence. These are the Violence Against Women Act of 1994 (VAWA) and the Omnibus Consolidated Appropriations Act of 1997 which amends the Federal Gun Control Act of 1968.

RESTRAINING ORDERS

The Violence Against Women Act of 1994 contains a provision which prohibits the subject of a domestic violence restraining order from possessing firearms and ammunition. Under 18 U.S.C. § 922(g)(8), anyone subject to a qualifying restraining order cannot possess a firearm or ammunition. Intimate partners include spouses, former spouses or significant others, but do not include significant others with whom the defendant has NOT cohabited. A qualifying court restraining order is one where:

* the court order must include a finding that the person represents a credible threat to the other person OR the order explicitly prohibits the use, attempted use, or threatened use of physical force against the other person.
* the order was issued after a hearing. Minnesota OFPs issued under the no-hearing law provisions Minn. Stat. 518B.01 subd. 7 would NOT qualify.
* the defendant had to have received actual notice of the hearing and have had an opportunity to participate in the hearing.

If a respondent of a qualifying court restraining order possesses firearms or ammunition, then they have committed a federal crime. If the restraining order expires or is dismissed, the respondent can then possess firearms again. The prohibition lasts as long as the restraining order.

A respondent does not need to be told about this prohibition against possessing firearms. They do not need to be ordered to not possess firearms. The penalty for violation of this federal firearm statute is a maximum of 10 years in prison and/or a $250,000 fine.

Although law enforcement officials are exempt from the restraining order law, the exemption applies only to department-issued firearms. 18 U.S.C. § 925(a). Therefore, a police officer who is the respondent of an OFP could still have their service revolver, even off-duty. That police officer just could not possess other guns.

MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE

The Omnibus Consolidated Appropriations Act of 1997 amended the Federal Gun Control Act, 18 U.S.C. § 922(g)(9). Under these provisions, it is unlawful for an individual convicted of a state or federal "misdemeanor crime of domestic violence" to "ship, transport, possess or receive firearms or ammunition."

A "misdemeanor crime of violence," pursuant to 18 U.S.C. § 921(33)(a), means an offense that:

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.

Law enforcement officers and governmental employees (such as security guards or military personnel) art not exempt from this law with respect to their receipt or possession of firearms or ammunition. Therefore, law enforcement and other government employees who have been convicted of a qualifying misdemeanor will not be able to lawfully possess or receive firearms or ammunition or any purposes, including performing their official duties.

Furthermore, the law makes it unlawful for any person, including governmental agencies, to sell or otherwise issue firearms or ammunition to any person knowing or having reasonable cause to believe that the person has been convicted of a misdemeanor crime of violence.

As of September 30, 1996, the new law went into effect. However, the prohibition also applies to persons convicted of misdemeanor domestic violence AT ANY TIME PRIOR to September 30, 1996. Therefore, as of the effective date, any person who has EVER been convicted of a misdemeanor crime of domestic violence may no longer possess a firearm or ammunition.

With respect to all persons convicted, the law would NOT apply if the conviction is defective procedurally due to representation or trial issues, such as the person's constitutional rights to counsel and/or a jury trial were not knowingly and intelligently waived. Also, the law would not apply if the conviction has been expunged, set aside, pardoned, or the person has had his or her civil rights restored and the person is not otherwise prohibited from possessing firearms or ammunition.

12-15-2009, 01:41 PM
dyna mo not antifa Industry Role: Join Date: Dec 2008 Location: invisible GNC Posts: 67,408	There are two separate federal firearms laws which relate to domestic violence. These are the Violence Against Women Act of 1994 (VAWA) and the Omnibus Consolidated Appropriations Act of 1997 which amends the Federal Gun Control Act of 1968. RESTRAINING ORDERS The Violence Against Women Act of 1994 contains a provision which prohibits the subject of a domestic violence restraining order from possessing firearms and ammunition. Under 18 U.S.C. § 922(g)(8), anyone subject to a qualifying restraining order cannot possess a firearm or ammunition. Intimate partners include spouses, former spouses or significant others, but do not include significant others with whom the defendant has NOT cohabited. A qualifying court restraining order is one where: * the court order must include a finding that the person represents a credible threat to the other person OR the order explicitly prohibits the use, attempted use, or threatened use of physical force against the other person. * the order was issued after a hearing. Minnesota OFPs issued under the no-hearing law provisions Minn. Stat. 518B.01 subd. 7 would NOT qualify. * the defendant had to have received actual notice of the hearing and have had an opportunity to participate in the hearing. If a respondent of a qualifying court restraining order possesses firearms or ammunition, then they have committed a federal crime. If the restraining order expires or is dismissed, the respondent can then possess firearms again. The prohibition lasts as long as the restraining order. A respondent does not need to be told about this prohibition against possessing firearms. They do not need to be ordered to not possess firearms. The penalty for violation of this federal firearm statute is a maximum of 10 years in prison and/or a $250,000 fine. Although law enforcement officials are exempt from the restraining order law, the exemption applies only to department-issued firearms. 18 U.S.C. § 925(a). Therefore, a police officer who is the respondent of an OFP could still have their service revolver, even off-duty. That police officer just could not possess other guns. MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE The Omnibus Consolidated Appropriations Act of 1997 amended the Federal Gun Control Act, 18 U.S.C. § 922(g)(9). Under these provisions, it is unlawful for an individual convicted of a state or federal "misdemeanor crime of domestic violence" to "ship, transport, possess or receive firearms or ammunition." A "misdemeanor crime of violence," pursuant to 18 U.S.C. § 921(33)(a), means an offense that: 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. Law enforcement officers and governmental employees (such as security guards or military personnel) art not exempt from this law with respect to their receipt or possession of firearms or ammunition. Therefore, law enforcement and other government employees who have been convicted of a qualifying misdemeanor will not be able to lawfully possess or receive firearms or ammunition or any purposes, including performing their official duties. Furthermore, the law makes it unlawful for any person, including governmental agencies, to sell or otherwise issue firearms or ammunition to any person knowing or having reasonable cause to believe that the person has been convicted of a misdemeanor crime of violence. As of September 30, 1996, the new law went into effect. However, the prohibition also applies to persons convicted of misdemeanor domestic violence AT ANY TIME PRIOR to September 30, 1996. Therefore, as of the effective date, any person who has EVER been convicted of a misdemeanor crime of domestic violence may no longer possess a firearm or ammunition. With respect to all persons convicted, the law would NOT apply if the conviction is defective procedurally due to representation or trial issues, such as the person's constitutional rights to counsel and/or a jury trial were not knowingly and intelligently waived. Also, the law would not apply if the conviction has been expunged, set aside, pardoned, or the person has had his or her civil rights restored and the person is not otherwise prohibited from possessing firearms or ammunition.