Here some laws that they don’t enforce:
1. FEDERAL FIREARMS LAWS AND BRADY FINDINGS1
Provisions of the federal Gun Control Act of 1968, 18 USC §921 et seq, prohibit firearm possession by certain domestic violence perpetrators.
Protective Orders
It is a federal crime for persons subject to qualifying protective orders to possess firearms or ammunition. In addition to Family Abuse Prevention Act (FAPA) Restraining Orders, firearms restrictions may apply to orders issued pursuant to the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), civil Stalking cases, and pretrial release conditions and probation conditions in criminal cases.
To qualify under 18 USC §922(g)(8), a protective order must:
1)Have been issued after a hearing of which respondent/defendant received actual notice and at which respondent/defendant had an opportunity to participate;
2)Restrain respondent/defendant from harassing, stalking, or threatening an intimate partner of respondent/defendant or a child of the intimate partner or respondent/defendant or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or the partner’s child; and
3)Include a finding that respondent/defendant represents a credible threat to the physical safety of the intimate partner or child or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.
Federal law defines “intimate partner” for purposes of §922(g)(8) as a spouse or former spouse of respondent/defendant, a person who is a parent of the child of respondent/defendant, or a person who cohabits or has cohabited with respondent/defendant2. 18 USC §921(a)(32).
The federal prohibition lasts for the life of the protective order. 18 USC §922(g)(8).
Law enforcement officers and military personnel are partially exempted from the restriction in 18 USC §922(g)(8) in that they are permitted to use a service weapon in connection with that governmental service. 18 USC §925(a)(1). This exemption is often referred to as the “official use exception.”
Under 18 USC §922(d)(8), it is a federal crime to sell or otherwise dispose of a firearm or ammunition to a person if the transferor knows or has reasonable cause to believe that such person is subject to a qualifying protective order.
3
1 “Brady findings” are judicial findings to indicate that the terms of a protective order or a misdemeanor conviction may disqualify a respondent or defendant from possessing or other use of firearms and ammunition under federal law; document is labeled “Federal Firearms Findings (Brady)” and often is called a “Brady certificate.”
2 Although the term “cohabit,” within the meaning of “intimate partner,” is not defined, the word is sufficiently precise in ordinary and common meaning. U.S. v. Chapman, WL 2403791 (W. Va. 2010). “Cohabit” implies a sexual relationship. See Webster’s II New College Dictionary 218 (2001).
Firearms Prohibitions in Domestic Violence Cases — Page
Misdemeanor Crimes of Domestic Violence
18 USC §922(g)(9) makes it a crime for persons who have been convicted of qualifying misdemeanor crimes of domestic violence to purchase, receive, ship, transport, or possess firearms and ammunition. This prohibition is a lifetime ban[/color. A qualifying “misdemeanor crime of domestic violence” (MCDV) is defined by 18 USC §921(a)(33) as an offense that is a misdemeanor under state, federal or tribal law and:
1)Has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon;
2)Is committed by a current or former spouse of the victim; parent or guardian of the victim; a parent of the victim’s child; a person who is cohabiting or has cohabited with the victim as a spouse, parent or guardian; or a person similarly situated to a spouse, parent or guardian of the victim4;
3)Defendant was represented by counsel or knowingly and intelligently waived counsel; and 4)If defendant was entitled to a jury trial, the case was tried to a jury or defendant knowingly and intelligently waived the right to jury trial.
Note that the prohibition of 18 USC §922(g)(9) is specifically excluded from the official use exception. 18 USC §925(a)(1). Thus, a member of the armed forces or a law enforcement officer who has a qualifying misdemeanor conviction is not able to possess a firearm or ammunition, even while on duty.
Under 18 USC §922(d)(9), it is a violation of federal law to sell or otherwise dispose of any firearm or ammunition to any person if the transferor knows or has reasonable cause to believe that such person has been convicted in any court of a misdemeanor crime of domestic violence.
