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

  1. #21
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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?



    What exactly is domestic violence? Domestic violence refers to violence between spouses, people who live together, people who share a child in common, or people either in a relationship or people who were formally in a relationship. It encompasses any type of physical violence including: pushing, shoving, hitting with an open hand, punching, kicking, striking with an object, choking, spousal rape, sexual assault or any other type of unwanted sexual contact. Outside of relationships, these types of acts would otherwise be criminalized under assault, battery and sex crimes. Whether they are taken out against a perfect stranger, or your spouse, they are illegal either way and are punishable to the full extent of the law.

    Domestic violence charges can be filed as either a misdemeanor or a felony. How they are filed will be up to the prosecutor and will be based on the extent of the injuries, and any prior reported incidents for the accused. If the accused does have a prior criminal history and/or a history of domestic violence on record, both will have an effect on how the charges are eventually filed against the accused.

    A misdemeanor conviction can result in a brief jail sentence for the accused. They can also be required to take anger management classes or participate in a domestic intervention program. They can be required to perform community service, they may be subject to various fines and/or charitable donations and they may be subject to a Stay-Away Order which prohibits them from contacting the victim.

    Article Source: Domestic Violence Charges: Felony or Misdemeanor?


  2. #22
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    Re: Supreme Court keeps guns away from those guilty of domestic violence

    Quote Originally Posted by MaggieD View Post
    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.
    Maggie, if you look at question #11 on a form 4473 you will see that misdemeanor domestic violence already makes you a prohibited person. What this ruling does is expand what the definition of physical force is with regard to DV.

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

    Quote Originally Posted by RiverDad View Post
    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.
    How many women shoot their husbands? The only ones I'm aware of are the ones already being abused.

    I'm against this legislation but let's not play the 'male victim' card here.
    Quote Originally Posted by Bucky View Post
    I have felt pain when I was in the womb. So when you say they are incapable of feeling pain, that is based on junk science.
    Quote Originally Posted by applejuicefool View Post
    A murderer putting a bullet through someone's brain is a medical procedure too.

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

    Quote Originally Posted by MaggieD View Post
    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.
    It removes a Constitutional Right from a person based on an easily leveled and not always true accusation (if convicted).
    Quote Originally Posted by Bucky View Post
    I have felt pain when I was in the womb. So when you say they are incapable of feeling pain, that is based on junk science.
    Quote Originally Posted by applejuicefool View Post
    A murderer putting a bullet through someone's brain is a medical procedure too.

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

    Quote Originally Posted by Lursa View Post
    It removes a Constitutional Right from a person based on an easily leveled and not always true accusation (if convicted).
    Yes, I understand that. If someone is convicted of, or pleas guilty to, domestic violence, I have no problem with that.

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

    Nice to see a dose of common sense to gun laws. May I have another sir?

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

    Quote Originally Posted by Lursa View Post
    I'm against this legislation but let's not play the 'male victim' card here.
    It's not the male victim card that I'm playing here. My impression of how domestic violence plays out is that when men strike their wives they're usually into felony territory. When women strike their husbands, it's more of the grabbing him as he's walking away, beating their fists into his chest, slapping his face and so the misdemeanor charge, to me, seems to cover their behavior more accurately. I don't know if this is true or not, this is just my impression. A man loses control and strikes his wife, once that control is lost, then his greater physical strength pushes the assault into felony territory.

    And what does the "advocate" say, that this is to "protect women and children" as though women never cross the line and grab their husband, slap their husbands, etc. If this advocate was talking about felonious actions, then I'd agree - men are disproportionately represented as committing that serious level of physical domestic assault. Just watching couples in arguments in public, I see way more physical minor "assault" from women, which as Sotomayor noted, most of us wouldn't consider it to be criminal.

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