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To: green iguana
This is nothing to worry about. Totally a technical law decision, and a minor one at that.
This was not a Second Amendment case. The 2nd had nothing to do with this case.

Bull.. Thousands of people with minor domestic squabbles will lose their 2nd amendment rights. -- this is not a 'minor' matter..

52 posted on 02/25/2009 10:02:45 AM PST by jtom36
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To: jtom36

You misunderstand. The title is very deceiving.

This case was not about the 2nd amendment. Read the decision - the 2nd isn’t even mentioned. There were no arguments about whether or not taking away the RKBA of a person convicted of a misdemeanor is constitutional or not. That would be about the 2nd and I look forward to such a case, but it’s not what this case was about.

The whole point of this case was that Hayes was challenging his losing his RKBA based off of not having been charged and convicted with a domestic violence crime. Rather he was convicted of simple battery. That’s the point - the law says “domestic violence” and his charge said “battery.” That was the entire point of the case, and the only thing contested.

Ginsberg basically said “You were convicted of beating up your wife. That’s a crime of domestic violence regardless of what the city called the charges against you.” And I agree with her.

I happen to strongly disagree with her that taking away someone’s RKBA for a misdemeanor is not unconstitutional. Personally, I think taking away a person’s RKBA for a non-violent felony is unconstitutional, but that’s another matter.

This case was very narrowly defined and decided, and had nothing to do with the constitutionality of taking away someone’s RKBA for a misdemeanor. It wasn’t about the Second Amendment.


58 posted on 02/25/2009 10:38:17 AM PST by green iguana
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