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Class A Misdemeanor Family and Federal Gun Law

Texas |
Filed under: Domestic violence

As enacted the statute defines "misdemeanor crime of domestic violence" (MCDV) as any state or federal misdemeanor 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."

If the "victim" was a parent or sibling, does this apply then?

What's that language about "by a person similarly situated" mean?

~ Reworded: If the "victim" was a parent or sibling of the accused, does this apply then? Source: 18 U.S.C. § 922(g)(9)

Attorney Answers 2

  1. 18 USC 921(a)(33)(A) does NOT consider a misdemeanor crime of violence against a parent or sibling as a MCDV (for purposes of lawful firearm/ammunition possession), unless the person who committed the offense was "similarly situated" to the potential offenders who are listed in the statute. For example, a misdemeanor crime of violence by a parent against his or her child is a MCDV under 921. It would therefore seem, for example, that if an older sibling reared a younger sibling as a parent, in the absence of their parent(s), a misdemeanor crime of violence by the older sibling against the younger sibling would be a MCDV under 921, as the older sibling was similarly situated as a parent or guardian of the victim. Please note, however, that this is a federal statute only; each state has its own definitions of crimes involving domestic violence.

  2. Might I just add to the prior poster's answer that your question leaves out the facts of the situation - crimes, while defined by statute are inherently factual in nature; that is, whether or not a crime has been committed sometimes depends upon a single fact. And, interestingly, sometimes what we call "facts" can only be defined with a close familiarity with the case law of a jurisdiction (i.e. the term "foreknowledge" is not always what a layperson might think it is.)

    Please, take the time to consult with a lawyer in your jurisdiction so that you can get a legal analysis that takes into account all of the facts of your particular situation.

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