Posted on 06/08/2010 5:18:41 AM PDT by marktwain
Authorities fear a recent appeals court ruling could cripple enforcement of a federal law barring persons convicted of misdemeanor domestic violence from possessing a firearm.
A three-judge panel of the 4th U.S. Circuit Court of Appeals on Tuesday tossed out a firearm conviction against William S. White, who was previously convicted in Henrico County of misdemeanor assault and battery in a domestic violence case.
The panel's ruling focused on the definition of "physical force." The judges held that in the federal firearm law, it means force capable of causing pain or injury, something not necessarily required for a misdemeanor domestic violence conviction under Virginia law.
White's lawyer, Eric H. Kirchman, said yesterday that "I'm pleased, and I'm sure Mr. White is very pleased." It was unclear yesterday if or when White, held in a federal prison in Kentucky, would be released.
Peter Carr, a spokesman for the U.S. attorney's office for the Eastern District of Virginia, said: "We are exploring our options, which may include an appeal." The government could ask for the full court of appeals to reconsider it, or appeal to the U.S. Supreme Court.
(Excerpt) Read more at 2.timesdispatch.com ...
Then maybe the "authorities" should invent a time machine that sends them back to Germany in the 1930's where their attitudes would fit right in.
For the record, the title is referencing the wrong Virginia.
When mixing firearms and domestic abuse, just make sure the one being abused has a firearm.
A speed bump on the road to universal gun confiscation.
Absolutely! This was never about "Domestic Abuse," it was the Far Left Moonbat's (Lautenberg) sop to the anti-gun zealots and simply another interference cog in the wheel of 2nd Amend Rights
Moreover, it (the law) having been applied retroactively (clearly a violation of Ex Post Facto) has snared many a person--especially, military personnel.
There is a case here in VT whereby a Natl. Guardsman with 18 years has recently been found out to have a minor domestic dispute 4 years before law took affect and as he can no longer carry a weapon has been kicked out.
He is still married to the same woman and she said this guy simply "pushed her," with no physical damage resulting and that the cops had pressured her to press charges.
He got a $10 fine.
Even a strong law and order State's Attorney asked our feckless RINO Gov. (Douglas)--along with many members of the VT Natl. Guard--for a pardon, but--though he has pardoned 3 women for misdemeanor assaults--refuses to budge.
The upshot is you can be a very violent person and beat the crap out of someone at the local watering hole (even a woman) and if you end up with a misdemeanor, you are golden. But if a "Domestic Partner" is involved, you are screwed, much the same (screwy) as is this law!
In other news, authorities fear that the exoneration of Alfred Dreyfus on charges of treason could cripple the Army's efforts to ensure proper troop discipline and counter insubordination in the ranks...
SOP for divorce is the simple restraining order, which IIRC is another part of this 'law'...
in some states, a mere mention “violence” or “not harm” in a divorce settlement triggers the same law.
It is commonly used to attack a spouse who collects firearms as a hobby. It is “get even” barganining tactic.
May G*d rot lawyer and liberal, alike.
Somebody has to be deemed to have "standing" by the courts before Lautenberg's amendment can be tossed. That's a tall order. That's why such unconstitutional laws are so insidious. If this decision is not upheld, then maybe only a female losing her rights recognized by the Second Amendment could overturn this abomination from a GOP controlled Congress, no less.
Any member of Congress voting for unconstitutional laws should be primaried. Don't hold your breath with the rats.
In some states raising your voice to your spouse is domestic abuse. Get convicted of it and you can never legally own a firearm again.
Lautenburg needs to be abolished. Nobody who isn’t actively incarcerated should be prohibited from owning or carrying firearms.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.