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Thread: Supreme Court upholds gun ban for domestic violence

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    Re: Supreme Court upholds gun ban for domestic violence

    Quote Originally Posted by 1750Texan View Post
    It has already been done in the forms of libel, slander, and assault.
    libel and slander are a civil matter and are exclusively applied to published works. As for assault you have to show intent, imminence and likelihood which was expanded from "clear and present danger" when the SCOTUS ruled in favor of the KKK's rally that called for violence. There was no erring on the side of caution there where the expanded the right despite a possible terrible outcome.

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    Re: Supreme Court upholds gun ban for domestic violence

    Quote Originally Posted by tecoyah View Post
    By erring on the side of extreme caution I feel the decision may very well prevent terrible outcomes. When legislating for the millions, there will obviously be times when the hundreds are not covered as intended, yet those few are not terribly effected and in this case might be positively effected in the long run.

    Likely the person who was on the other end of the domestic violence will feel some measure of relief.
    If a person is too dangerous to own a gun, then that person is too dangerous not to be in jail.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

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    Re: Supreme Court upholds gun ban for domestic violence

    Quote Originally Posted by Kal'Stang View Post
    I don't mind keeping violent people from having guns. However the gun ban law had better only go after those CONVICTED of the crime and not just because the police intervened in a domestic squabble that they were called on or because some restraining order was put out.
    It's already illegal to sell a firearm to someone who has a restraining order.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

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    Re: Supreme Court upholds gun ban for domestic violence

    Quote Originally Posted by Crovax View Post
    libel and slander are a civil matter and are exclusively applied to published works. As for assault you have to show intent, imminence and likelihood which was expanded from "clear and present danger" when the SCOTUS ruled in favor of the KKK's rally that called for violence. There was no erring on the side of caution there where the expanded the right despite a possible terrible outcome.
    Whatever the caveat...each are a restriction to free speech. Are they not?


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    Re: Supreme Court upholds gun ban for domestic violence

    However definitions change and public interest groups often change them. I'll give you a simple example. Mothers Against Drunk Drive changed the legal definition of driving under the influence from .10 to .08 in some places. .07 in one that I know.


    Quote Originally Posted by 1750Texan View Post
    Sure.




    Scalia's concern was that some "definitions" of domestic violence could result in a person losing gun rights. My point is that definitions that not incorporated into a statute are not considered by procecuting atorneys.

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    Re: Supreme Court upholds gun ban for domestic violence

    Quote Originally Posted by CalGun View Post
    However definitions change and public interest groups often change them. I'll give you a simple example. Mothers Against Drunk Drive changed the legal definition of driving under the influence from .10 to .08 in some places. .07 in one that I know.
    The catalyst for changing a statute is irrelevant.

    Either Justice Scalia was incorrect in predicting public interest groups' "definitions" wouild influence domestic violence convictions[without corresponding legislation]...or he was incorrect in predicting that, public interest groups' "influence" that would change statutes, is a unwanted outcome.
    Last edited by 1750Texan; 03-30-14 at 12:08 PM.


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    Re: Supreme Court upholds gun ban for domestic violence

    Justice Scalia was warning that the broad scope and possibly broader scope of the term warrant concern - if you can't see that thru your partisan colored glasses they'll too thick to see thru.

    Quote Originally Posted by 1750Texan View Post
    The catalyst for changing a statute is irrelevant.

    Either Justice Scalia was incorrect in predicting public interest groups' "definitions" wouild influence domestic violence convictions[without corresponding legislation]...or he was incorrect in predicting that, public interest groups' "influence" that would change statutes, is a unwanted outcome.

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    Re: Supreme Court upholds gun ban for domestic violence

    Quote Originally Posted by danarhea View Post
    The ruling by the Roberts court was unanimous, but I have to ask a question.... What constitutes domestic violence? Is someone who engages in offensive touching prone to become violent with a gun? I agree that that who commit domestic violence, or any crime that involves violence, should lose his right to own a gun, but I believe that the Supreme Court went too far in defining what constitutes the kind of domestic violence that would make someone lose his Second Amendment rights.

    Comments?

    Article is here.
    Well, I have a friend who was a victim of domestic violence by her mentally-unstable husband. He used to cross his arms in front of him and walk into her pushing her into walls, over cocktail tables, etc. He didn't beat her, he didn't grab her, but he treated her violently nonetheless.

    Domestic violence has a nasty habit of escalating. It seems over the top for it to be a lifetime ban, but I understand their reasoning.

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    Re: Supreme Court upholds gun ban for domestic violence

    Quote Originally Posted by apdst View Post
    It's already illegal to sell a firearm to someone who has a restraining order.
    That's my point, it shouldn't be. You can get a restraining order simply on a lie. No proof necessary. Just a "oh he scares me!"
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

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    Re: Supreme Court upholds gun ban for domestic violence

    Quote Originally Posted by CalGun View Post
    Justice Scalia was warning that the broad scope and possibly broader scope of the term warrant concern - if you can't see that thru your partisan colored glasses they'll too thick to see thru.
    You view my opinion as "partisan colored". That is on you.

    May opinion was based on a simple opinion by Justice Scalia...It had nothing to do with gun rights, drunk driving, domestic violence, sexism, male rights, conservatism or liberalism. It was my assessment of an 'incorrect" prediction.
    Last edited by 1750Texan; 03-30-14 at 12:24 PM.


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