Unfortunately its true...
HI! I have bad news it has been the law since September 30, 1996.
Here is the URL:
http://www.atf.treas.gov/firearms/domestic/opltratf.htm
The text:
DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WASHINGTON, D.C. 20226
OPEN LETTER FROM THE DIRECTOR
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
The purpose of this letter is to provide the public with information concerning a recent amendment to the Gun Control Act of 1968. This amendment makes it unlawful for any person convicted of a "misdemeanor crime of domestic violence" to ship, transport, possess, or receive firearms or ammunition. It also makes it unlawful for any person to sell or otherwise dispose of a firearm or ammunition to any person knowing or having reasonable cause to believe that the recipient has been convicted of such a misdemeanor.
As defined in the new law, a "misdemeanor crime of domestic violence" means an offense that:
(1) is a misdemeanor under Federal or State law; and
(2) 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.
This definition includes all misdemeanors that involve the use or attempted use of physical force (e.g., simple assault, assault and battery), if the offense is committed by one of the defined parties. This is true whether or not the State statute or local ordinance specifically defines the offense as a domestic violence misdemeanor. For example, a person convicted of misdemeanor assault against his or her spouse would be prohibited from receiving or possessing firearms. Moreover, the prohibition applies to persons convicted of such misdemeanors at any time, even if the conviction occurred prior to the new law's effective date, September 30, 1996. As of the effective date of the new law, such a person may no longer possess a firearm or ammunition. However, a conviction would not be disabling if it has been expunged, set aside, pardoned, or the person has had his or her civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) AND the person is not otherwise prohibited from possessing firearms or ammunition.
Individuals subject to this disability should immediately lawfully dispose of their firearms and ammunition. We recommend that such persons relinquish their firearms and ammunition to a third party, such as their attorney, to their local police agency, or a Federal firearms dealer. The continued possession of firearms or ammunition by persons under this disability is a violation of law and may subject the possessor to criminal penalties. In addition, such firearms and ammunition are subject to seizure and forfeiture.
If you have questions regarding this matter, please contact your local ATF office.
John W. Magaw
Director
------------------------------------------------------------
This has effected a family member in a very bad way. I was going to tell the whole story when it was over but I will preview some info here. The person effected had a wife that was alcoholic. She was drunk and out of control one night and he grabbed her and shook her to get her to stop and come back to her senses. She called police and filed charges. The judge gave a sentence that if no further incidents occurred in the next 30 days nothing further would happen. That was 38 years ago. He divorced her in 1968. In 1980 he married into my family and has been nothing but kind and gentle to me and mine. After retiring in 1995 he moved back into my state about 20 minutes from me. He got his CCW license and started collection firearms heavily, started cowboy action shooting and generally enjoying his retirement and his rekindled love for shooting, shooting 5 or so days a week. Was a member of the local police range and had bought a half dozen handguns from them alone. In august of this year he went to one of the bigger CAS shoots and won a nice firearm as a prize. Since the shoot was in a different state it needed to be sent to a FFL. While away at another shoot a few weeks later his wife gets a knock on the door, its a ATF agent who asks for her husband. She says he is not home and the agent explains to her that he cannot receive the gun he won as he has a domestic violence conviction on his record. In addition he must get rid of all other firearms he owns. When he returned home his wife broke the news to him, he nearly collapsed on the spot. He made provision to remove the over 75 firearms in his collection, some to me, some to a friend. They then had the ATF agent over to explain the new rules he must live under and to verify that there are no firearms in his residence. To the ATF agents credit the wife says he was a very nice man that really didn't like to do this but it was his job, after all he could have take the entire collection on the first visit. This turn of events has nearly killed my relative as it was his only hobby and he was really into it. I am glad he has no guns around him now and we don't leave him alone to long since this as happened as he is very, very depressed. They have a lawyer working on this but it may take as long as two years to get a governors pardon at which time he will be 70 years old. The strange thing is there is no record of this conviction in the town it happened and there really was no sentence given. Him and his ex-wife have remained friends and she has said she would help anyway she could but in the mean time he has lost all his guns and his right to own any for at least the near future.
I guess that's most of the story, not much of a preview.
I will post this as its own topic when I have more news.
One question: Doesn't this violate fifth amendment under double jeopardy?
If this flies lookout if the state needs money.
knock,knock
Officer Friendly: Hi! I see you have had a speeding ticket a few years back.
You: Yes, I paid it.
Officer Friendly: Yes, of course you did, but you only paid the $66 penalty back then, the new speeding penalty increase enacted last month has raised the penalty to $250. So you owe us $184 more dollars. Will that be check or credit card?
Sorry for the length, but it felt good to finally get it out.
Thanks for reading.
