Judge Rob Cañas County Criminal Court #10 Dallas County, Texas

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Lucinda Ward
5 years ago
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1 Judge Rob Cañas County Criminal Court #10 Dallas County, Texas

2 Why do we need firearm surrender compliance procedures What to do if offender has no firearms What to do if offender has firearms How and when to return firearms Consequences for violations

4 In Texas for 2013, 119 women were killed by their intimate partner, 58% of those were killed by a firearm (according to TCFV) Domestic Violence assaults involving a firearm are 12x more likely to result in death Abused women who live in a home with a firearm are 5x more likely to be killed by a firearm In a California study, one-third of respondents were threatened by a firearm, two-thirds of the respondents who lived in a home with a gun were threatened by a gun

5 Ask the applicant She may be unreliable The guns may be hers too Texas Family Code 3.003(a) Ask the prosecutor/law enforcement Lethality assessments T.R.E. 803(8) CHL s TCIC/NCIC Must be a corresponding criminal case Court shall suspend concealed handgun license F.C (d)

6 Ask the respondent Definition of possession T.P.C. 1.07(a)(39) means care, custody and management A person who possesses an article may exercise custodial and managerial powers to ensure exclusivity of possession, to allow others access only, or to allow others to exercise care, custody, control or management over the article. Gant v. State, 116 S.W.3d 124 (Tex. App. Tyler, 2003) pet. Ref d

7 5 th Amendment concerns applies to assertions that are testimonial, compelled and incriminating Only incriminating if statement could be used for a pending or future prosecution If an offender is compelled to make a incriminating statement, the statement cannot be used in a criminal case Offenders do not have Fifth Amendment privilege in regards to complying with probation conditions

8 Handout #1

9 Scenario #1 Respondent is subject to a final protection order Federal law: 18 U.S.C. 922(g)(8) (A) The Respondent must have actual notice and the opportunity to participate (B) Respondent cannot harass, stalk, or threaten an intimate partner/applicant, applicant s child, applicant s intimate partner OR Respondent cannot place an intimate partner or child in reasonable fear of bodily injury (C)(i) Order must find that Respondent presents a credible threat to the physical safety of the applicant or child OR

10 Scenario #1 Final Protection Order (C)(ii)Order must prohibit the use, attempted use or threatened use of physical force against the Applicant or child that would reasonably be expected to cause bodily injury Intimate partner is defined as the offender s current or former spouse or cohabitant or coparent. 18 U.S.C. 921(a)(32) 18 U.S.C. 925(a)(1) provides an exemption for certain federal, state, and local government employees who must possess firearms or ammunition no personal weapons

11 T. P. C Prohibits possession after the offender receives notice of the order and before expiration of the order Full-time peace officers are exempt from this statute. No military exception Does not apply to temporary protection orders T. P. C (a)(4) Prohibits knowing or intentional possession No peace officer or military exemption DOES apply to temporary protection orders of which the Respondent has notice Texas law only applies to firearms not ammunition

12 Handout #2

13 Federal law: 18 U.S.C. 922(d)(8) prohibits the transfer of a firearm to anyone subject to a permanent protective order State law: T.P.C (a)(5) outlaws the sale, rental, lease, loan or gift of a handgun to anyone who is subject to a active permanent protective order Penal code defines active protective order as one issued under Title 4 of the Family Code T.P.C (b)(2) specifically excludes temporary protective orders until a hearing has been held This crime is a Class A misdemeanors

14 Handout #4

15 Handout #5

16 Contempt of Court Tex. Gov t Code civil contempt because you want offender to comply Issue show cause order and notice, hold a hearing Federal law violations: 18 U.S.C. 924(a)(2) sets punishment at 10 years in prison for possessing or transferring a firearm illegally State law violations T.P.C T.P.C (a)(4) offender cannot intentionally or knowingly possess a firearm no peace officer or military personnel exception

17 Perjury Charges: T.P.C. Chapter 37 Intent to deceive and w/knowledge of the statement s meaning makes a false statement under oath (Class A misdemeanor) If the false statement is made during an official proceeding and is material (3 rd Degree felony) Statement means any representation of fact

18 THE LAST SLIDE

, ) Civil No. ) Petitioner, ) ) DOMESTIC VIOLENCE vs. ) PROTECTION ORDER ), ) ) Respondent. ) TO THE RESPONDENT:

, ) Civil No. ) Petitioner, ) ) DOMESTIC VIOLENCE vs. ) PROTECTION ORDER ), ) ) Respondent. ) TO THE RESPONDENT: STATE OF NORTH DAKOTA COUNTY OF IN THE DISTRICT COURT JUDICIAL DISTRICT, Civil No. Petitioner, DOMESTIC VIOLENCE vs. PROTECTION ORDER, Respondent. TO THE RESPONDENT: A hearing having been held and the