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Posted on 02/21/2023 4:30:09 AM PST by marktwain
A federal district court in the United States District Court, Eastern District of Kentucky, Central Division (at Lexington), has held a ban on the exercise of Second Amendment rights for a mere domestic restraining order 18 U.S.C. § 922(g)(8 is unconstitutional.
On June 15, 2022, A Harrison County Family Court in Kentucky issued a Domestic Violence Order (DVO), a restraining order, against Sherman Kelvin Combs. In Kentucky, the DVO procedures do not require council (an attorney) to be appointed for respondents or a jury resolve factual issues.
A few days later, it is alleged Combs purchased a .357 revolver from a federally licensed dealer. Combs indicated, on Form 4473, that he was not subject to a DVO (domestic violence restraining order).
Combs was charged, in federal court, with two counts. The first was possessing a firearm in violation of 18 U.S.C. § 922(g)(8). The second was for lying on Form 4473. The maximum penalty for each count is ten years in prison and a $250,000 fine.
The actual wording of 18 U.S.C. §922(g)(8) is this:
(g) It shall be unlawful for any person-
(8) who is subject to a court order that-
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(Excerpt) Read more at ammoland.com ...
“In Kentucky, the DVO procedures do not require council (an attorney)...”
Or “counsel.” Spell checking is not proofreading. Ugh.
Wouldn’t it be great if our laws that work to go after a regular guy would work to go after Hunter Biden who lied on his gun purchasing form? It is amazing how brazen our government has gotten in their two tier legal system.
shall not be infringed may have something to do with it.
Bflr
This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.
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“The federal judge for the United States District Court, Eastern District of Kentucky, Central Division (at Lexington), held count one is unconstitutional, but count two is still material, in part because the dealer could not make an informed decision because the dealer was lied to; and the dealer could decide whether to sell Combs a firearm or not, even if Combs was not prohibited from purchasing and possessing firearms by federal law.”
Oh, so will we now be required to disclose everything that could help dealers make an “informed decision”? Do I need to disclose to them that I stole from the cookie jar once when I was six?
I’d say the question on the form is improper if it is not a valid reason to deny. But, then again, the entire form is improper when NICS only requires a name to perform a check. If the purchaser is not prohibited, it’s nobody’s business where he lives or what he purchased.
LOL. Truth.
After 25 years, we finally see a ray of light. Now toss the VAWA altogether.
The Emerson Case
http://www.ejfi.org/emerson.htm
One of my friends got busted for buying a gun with a restraining order on him.
Great write-up.
The Lautenberg amendment has been used as hammer against men, almost exclusively, for 36 years. It has been a travesty.
Yes, I was a little short with writing “25 years.” Looks like it was part of the push for the VAWA but added to the Federal Gun Control Act instead in 1996. About 28 years, maybe?
Or 27 years: 1996 to 2023?
Good catch. Many people pointed out the insanity at the time. We did not yet have Heller. The lower courts acted as if the Second Amendment did not exist, and men were second class citizens.
All of this fed by Media mantra of the need to destroy the traditional family and to destroy the idea of men as a necessary part of society. (all the while denying this is what was happening.)
Or over 26 years? Looks like it became law September 30, 1996.
https://usacac.army.mil/sites/default/files/documents/sja/lautenberg.pdf
“All of this fed by Media mantra of the need to destroy the traditional family and to destroy the idea of men as a necessary part of society. (all the while denying this is what was happening.)”
Yes. So you knew what was going on. I wrote a few articles back then.
I accused Senator Jon Kyle of neglecting his oath of office, on a live radio show, about it. His response, reasonably close, but not an exact quote: “Not my job, man. That is the job of the Supreme Court...”
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