Libertarian ping.To be added or removed from my ping list freepmail me or post a message here.
Posted on 03/17/2005 8:22:27 AM PST by freepatriot32
PIERRE, S.D. - Gov. Mike Rounds has signed a bill that defines new crimes, repeals antiquated crimes and revises the elements of many existing crimes.
The bill was drafted last year by the state Criminal Code Revision Commission, which spent months reviewing hundreds of criminal laws. Legislators made several changes to the measure, but the bulk of it was untouched.
It has been three decades since the last major overhaul of the state criminal code.
With one exception, the new code will be enacted July 1, 2006.
Beginning this July 1, the measure will restore gun rights after one year for people who presently may never own or use guns again. It will not reduce other penalties for family violence.
A 1996 federal law bans gun possession for life when people are convicted of family violence, whether felonies or misdemeanors. However, officials say the federal prohibition does not apply in states with gun ownership restrictions for domestic violence.
The new law does that by setting a one-year ban on gun possession for those convicted in state courts of misdemeanor domestic violence. People caught with guns during that period will face a maximum penalty of one year in jail.
Currently, people convicted of breaking the lifetime federal ban on gun ownership face up to 10 years in prison and $250,000 fines.
South Dakota law already prevents people from having guns for five years if convicted on felony drug possession. A 15-year ban on gun ownership or use applies to those convicted of felony drug distribution or manufacturing, keeping places where people use or sell drugs, and violations of drug-free zones around schools, playgrounds and other places where children gather.
The one-year state gun ban for misdemeanor domestic violence will let people ask judges to restore gun rights. Judges will have 30 days to act on those requests.
David Conway of the South Dakota Shooting Sports Association said Wednesday that the new law will help people who cannot currently possess guns for hunting or protection because of convictions that may have occurred decades ago.
"If somebody was found guilty or pleaded guilty in a misdemeanor domestic abuse case back in the '50s and the '60s and went on with their life, all of a sudden they had to surrender all of their firearms for something that happened years before," he said.
"This will restore their right to own firearms," Conway said.
Rounds also signed a related bill that expands the definition of domestic violence. The measure will include more people in the temporary ban on gun possession and provide more accurate statistics on the scope of family violence in South Dakota.
The information is used to obtain federal and private grants for shelters and programs that deal with domestic abuse.
Current law defines domestic violence as causing or attempting physical harm to family or household members, or placing them in fear of injury.
The new law will add stalking, violation of court protection orders and violent crimes to the definition of domestic abuse.
There were 2,102 domestic-assault arrests last year in South Dakota.
State law requires officers who respond to reports of home violence to arrest those suspected of causing the problems.
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here.
The provision on
after a year
for a misdemeanor DV
with permission of a judge
makes sense. As a third year law student in the state of Ohio, I've been able to prosecute misdemeanor cases as a prosecuting intern. Often, a person is charged with a first degree misdemeanor (domestic violence.) These are difficult cases to prove or obtain convictions on, and frequently, the victim wants you to just end the case quickly.
My policy, if there's not prior assaults, DVs or similar crimes, is often that I will ask the defense attorney to take a plea to a misdemeanor of the fourth degree called domestic threatening. That reduces the penalties, probably gets the first time offender counseling, and also provides the basis for a felony charge if he reoffends as a DV offender. It makes sure he doesn't go to trial and get found not guilty, because DVs can be tough to get convictions on.
Frequently, this is a great solution, but you'll have a hunter or someone who collects guns or whatever who doesn't want the lifelong disability. I frequently am unwilling to go to any other charge (or will not be allowed by the judge), and the defendant won't give up his guns. So this could help prosecutors quite a bit. (If they think like me, at least!) And I like that it doesn't just automatically give back the gun, but provides for review in the courts.
Good post. I like your screen name.
Welcome to FR!
In fact, I think I'll write a letter the the politicians in Baton Rouge...
With Daschle gone, South Dakota looks better and better every day.
ping
I also believe that most laws disarming felons after release from prison have been passed recently. It may be that our Republic did quite well without such laws for a century and a half.
This makes laws which disarm free people, even after having been convicted and sentenced to prison, both cruel and unusual. There is a specific Constitutional ban on such laws.
Good for South Dakota for taking this first step. The solution is not to distrust free people by disarming them. But to imprison those who cannot be trusted such that repeated violations of trust cannot occur.
They are, but in this case we are talking about deprivation of rights for conviction of a misdemeanor, or even for merely having a restraining order against a person in a divorce case. (That person could very well be the woman, who actually needs the firearm to protect her against a soon to be ex husband) That law is even more recent. It was contained in the Lautenberg Amendment to the Defense Appropriations Act of 1996 (How's that for packaging in a non related provision on a "must pass" bill?)
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