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Thread: Supreme Court keeps guns away from those guilty of domestic violence

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    Re: Supreme Court keeps guns away from those guilty of domestic violence

    Quote Originally Posted by Ikari View Post
    It's hard to say because it's very easy for people to get accused of domestic abuse these days with little corroborating evidence. However, in general I have always held the position that once one has completed punishment, including probation, successfully; the full of their rights should be recognized.
    SCOTUS also said convicted, which will have no effect on cases that are pending.
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    Re: Supreme Court keeps guns away from those guilty of domestic violence

    I'm no expert on criminal law, but isn't a felony conviction an automatic denial of a right to own a firearm. Domestic violence would imply physical violence, so wouldn't that count as assault and isn't assault a felony?

    So what constitutes domestic violence? Yelling at your spouse?

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    Re: Supreme Court keeps guns away from those guilty of domestic violence

    Quote Originally Posted by SMTA View Post
    SCOTUS also said convicted, which will have no effect on cases that are pending.
    Yes, but people essentially forced into plea deals because they cannot afford to go to court either by money or time, would have to. That's why they make such extravagant punishments, push for highest charged crime, and then offer some nice little plea deal. In the end, people can get back on with their life if they just take the plea. It's not the most just way to run a criminal court, but it seems to be the way we currently do it.

    I think because of the ease and eagerness of our government to arrest and punish, that long standing punishments that infringe on base rights must be handed out very carefully, with considerable restriction, and only if the government can show considerable evidence demonstrating the necessity. These automatic punishments are no good.
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    Re: Supreme Court keeps guns away from those guilty of domestic violence

    Quote Originally Posted by RiverDad View Post
    I'm no expert on criminal law, but isn't a felony conviction an automatic denial of a right to own a firearm. Domestic violence would imply physical violence, so wouldn't that count as assault and isn't assault a felony?

    So what constitutes domestic violence? Yelling at your spouse?
    Misdemeanor domestic violence is already included as a 'prohibited person'. What this does is expand the definition of physical force as applied to domestic violence.

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    Re: Supreme Court keeps guns away from those guilty of domestic violence

    Quote Originally Posted by Ikari View Post
    Yes, but people essentially forced into plea deals because they cannot afford to go to court either by money or time, would have to. That's why they make such extravagant punishments, push for highest charged crime, and then offer some nice little plea deal. In the end, people can get back on with their life if they just take the plea. It's not the most just way to run a criminal court, but it seems to be the way we currently do it.

    I think because of the ease and eagerness of our government to arrest and punish, that long standing punishments that infringe on base rights must be handed out very carefully, with considerable restriction, and only if the government can show considerable evidence demonstrating the necessity. These automatic punishments are no good.
    Agreed.

    In OH for the last several years plea deals are offered to keep prison populations down due to overcrowding.

    Works out well for the accused, but local LE winds up rearresting the morons, which wastes manpower and money.

    Either way, selective enforcement is bull****.
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    Re: Supreme Court keeps guns away from those guilty of domestic violence

    Notice some group missing from the bolded text?

    The ruling overturns decisions in several regions, including the U.S. 9th Circuit Court of Appeals in California, which had said the ban applied only to convictions that involved a "violent use of force."

    At issue was a 1996 law in which Congress expanded an existing ban that applied to anyone convicted of a felony in a domestic violence case to include misdemeanor convictions. "Domestic violence is not merely a type of 'violence,'" said Justice Sonia Sotomayor. "It is term of art encompassing acts that one might not characterize as 'violent' in a non-domestic context." It includes acts such as "pushing, grabbing, shoving, slapping and hitting," she said. It includes acts such as "pushing, grabbing, shoving, slapping and hitting," she said. . . .

    It "is an important victory for women, children and families across the country who will continue to be protected by strong, sensible federal laws that keep domestic violence abusers from obtaining guns," said Jonathan Lowy, a lawyer for the Brady Center to Prevent Gun Violence. "It is a telling indictment of the gun lobby's extremism that not a single justice agreed with its call to explode a gaping hole in the law that would have enabled wife-beaters to buy and possess guns in many states."

    Secondly, I thought wife-beating was covered under a felony domestic violence charge. I've actually seen public spats between spouses where the wife grabs the husband's arm as he's trying to walk away from a fight. She's guilty of domestic violence by this standard. This isn't about wife-beating, is it? These behaviors seem to better describe the way women act out physically.

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    Re: Supreme Court keeps guns away from those guilty of domestic violence

    Quote Originally Posted by Somerville View Post
    I wonder what our staunch 2nd Amendment advocates will have to say about this decision. Please note that it was a 9-0 ruling.
    If a individual has been deemed safe enough to be released into the general public then they should have all their rights reinstated.If a individual is too dangerous to have their rights reinstated then that individual should have never been released. Because someone who is hell bent on killing someone will use a knife, their fists, baseball bat, still get their hands on a gun or anything else that can be used to kill someone.
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    Re: Supreme Court keeps guns away from those guilty of domestic violence

    The "have you ever been convicted of domestic violence" question was on my application for gun registration when I bought the pistol at a gun show. It was basically a questionnaire that answering yes to anything was reason for denial of purchase.

    I immediately mentally noted that DV is mostly a misdemeanor crime. Gun restriction should always be for felony convictions. The Supreme court is unanimously wrong.

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    Re: Supreme Court keeps guns away from those guilty of domestic violence

    Quote Originally Posted by Somerville View Post
    I wonder what our staunch 2nd Amendment advocates will have to say about this decision. Please note that it was a 9-0 ruling.
    I think it's a good thing. It's one more tool to use against those who commit domestic violence. My understanding is that it has a real tendency to escalate over time. Law enforcement needs some help to get these people off the streets, in my opinion.

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    Re: Supreme Court keeps guns away from those guilty of domestic violence

    I am think we should be careful in how low we set the bar,
    which will remove a person's constitutional rights.

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