Posted on 03/26/2014 12:30:59 PM PDT by Lurking Libertarian
WASHINGTON (AP) -- People convicted of minor domestic violence offenses can be barred from possessing guns even in states where no proof of physical violence is required to support the domestic violence charge, the Supreme Court ruled Wednesday.
The ruling was a victory for the Obama administration, gun control groups and advocates for victims of domestic abusers who say the gun ban is critical in preventing the escalation of domestic violence.
The justices unanimously rejected the argument put forth by gun rights groups and a Tennessee man who pleaded guilty to misdemeanor domestic assault against the mother of his child in 2001. The man, James Castleman, was then charged in 2009 with illegal possession of a firearm after he and his wife were accused of buying guns and selling them on the black market.
Federal law bars a person convicted of misdemeanor domestic violence involving the use of physical force or a deadly weapon from possessing a firearm.
(Excerpt) Read more at hosted.ap.org ...
I’m not sure that one can avoid the “snares” by not getting married. I think the snares may be just as numerous for non-married hetero men as well, just not as clearly defined.
There has to be a conviction of a misdemeanor, not just an allegation. So the moral is that you should fight the misdemeanor case and not take a plea bargain.
The statute requires "physical force." The lower court said that "physical force" means "violence." All nine justices said that "violence" isn't required, but Scalia thinks that a slap isn't enough.
Oh. Agree.
This guy wasn't married at the time of his misdemeanor conviction. Shacking up is enough for a "domestic violence" conviction in most (maybe all? ) states.
Spouses still cannot be compelled to testify against each other but, at least in federal court, they are permitted to testify against each other. So the moral is don't get your spouse mad enough at you that s/he will waive the privilege.
Also, there isn't (and never was) a privilege for people who live together but aren't legally married. This defendant was convicted of injuring a girlfriend, not a wife.
Domestic violence charges aren't conditioned on marriage. Boyfriend/girlfriend is enough of a hook, as are sibling relationships, and striking out against any relative.
This defendant didn't challenge the constitutionality of the Lautenberg amendment, not that such a challenge would have been worth spit. Someday, if the government lasts long enough, any battery conviction (simple battery is predicated on unwelcome contact of any kind - physical injury is not necessary) will be sufficient justification to strip the RKBA. There is no rational basis that domestic battery is any more "special" than battery against a friend or stranger.
“Even with my first wife, I was never a “hitter”. But “physical force” could be pretty broadly defined to include the action of husbands AND wives in most marriages at one time or another, especially in their younger years.
My ex pushed me so hard in the chest once tht she fell backwards on her butt. If that had been on camera and I had pressed misdemeaner domestic abuse charges and she was convicted, she could never own a gun.
But maybe this involves more serious physical force”
No, see this is what ya’ll don’t apparently understand. I’ve been harping on this law for years and what folks think is that I approve of hitting and abusing women. Which is BS but really I don’t care. Kinda like being called a racist, I just don’t give a crap.
You see, when your wife pushed you and then fell back hitting her butt, then you were guilty of domestic violence. If she had called the police. When the cops got there, someone was going to jail. And it would have been you. Then you’re in the system. And the cops and courts have a hard-on for “wife beaters” don’t ya know.
Like you.........
The tree of liberty needs a good watering.
It's VAWA, the Klintonx' pet. It was written by The Beast Hillary to punish all men everywhere forever, as her revenge for having married The Rapist.
Sick people write sick laws.
Why stop there? Strip all 10 Amendments of the BoR from any Enemy of the State, on any piffling complaint.
After all, the great Alexander Hamilton didn't want us to have the BoR, he wanted us to live like gremlins running around in the shadows of Leviathan government.
“Domestic violence charges aren’t conditioned on marriage. Boyfriend/girlfriend is enough of a hook, as are sibling relationships, and striking out against any relative.”
It includes ex-wives too. And ex-girlfriends. And baby-mamas. And.......
“There has to be a conviction of a misdemeanor, not just an allegation.”
Au contrare, mon ami. Likely as not the complaining party will seek a restraining order which stipulates the alleged assailant, a firearm owner, not possess a weapon prior to the court appearance mandating that said weapon or weapons be surrendered to law enforcement. It has been done in the past.
Every federal Court of Appeals to decide the issue has upheld its constitutionality. SCOTUS hasn't granted cert. on that issue (and probably won't, unless there is a Circuit split someday).
We live in a tyranny.
Tyrannies just make it up as they go along. The Founders would have lined up to spit in the eye of all these lying black-robed clown-thugs.
And when the tyrants send their murdering gunthugs to "correct the situation", be sure to do the Nathan Bedford Forrest thingee...
That’s true.
But it certainly greases the skids.
If you’re married to a woman, you can get a DV charge even when you’re not in your domicile, the courts issue pre-emptive restraining orders, yadda yadda. Her ability to screw you in court is amplified by marriage.
If you’re just screwing some woman who isn’t allowed to keep any of her property at your domicile, then we’re back to her trying to claim simple battery.
Must be all of the States gave up that right to decide for themselves on that issue...
That’s why I harp on this with young men.
Since there’s no need to buy the cow to get free milk, young men should restrict themselves to only free milk. Don’t let the milk sit around even long enough to become yogurt.
I’ve discussed this with young gunsmiths and basically laid out for them that their entire livelihood can be extinguished by one word from a crazy girlfriend or pissed off wife. Solution: Don’t allow them to become girlfriends, much less wives. Don’t let them move in their clothes or belongings.
Yep...just made same comment to my husband.
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.