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Thread: Supreme Court upholds gun ban for domestic violence

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    Supreme Court upholds gun ban for domestic violence

    WASHINGTON — The Supreme Court ruled Wednesday that a federal law intended to keep guns away from domestic violence offenders can apply even if their crime was nothing more than "offensive touching."
    The decision was a victory for gun control advocates and groups that work to protect battered spouses and children, and a defeat for gun rights organizations that argued the federal law goes too far.
    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.

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    Article is here.
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    Re: Supreme Court upholds gun ban for domestic violence

    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.

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    Re: Supreme Court upholds gun ban for domestic violence

    In agreement with Scalia's observation, this is a poor decision; such should be left to the states where the laws may be more easily defended or protested and possibly common sense might prevail.

    But that's where Scalia drew the line. In a separate concurring opinion, he ridiculed the court's inclusion of "offensive touching" as a crime triggering the gun ban. Under the definitions of domestic violence used by public interest groups, he said, that could sweep up "acts of omission," "repeated accusations of infidelity" and "name-calling."

    "When they (and the court) impose their all-embracing definition on the rest of us, they not only distort the law, they impoverish the language," Scalia wrote. "When everything is domestic violence, nothing is."


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    Re: Supreme Court upholds gun ban for domestic violence

    Quote Originally Posted by Thom Paine View Post
    In agreement with Scalia's observation, this is a poor decision; such should be left to the states where the laws may be more easily defended or protested and possibly common sense might prevail.

    But that's where Scalia drew the line. In a separate concurring opinion, he ridiculed the court's inclusion of "offensive touching" as a crime triggering the gun ban. Under the definitions of domestic violence used by public interest groups, he said, that could sweep up "acts of omission," "repeated accusations of infidelity" and "name-calling."

    "When they (and the court) impose their all-embracing definition on the rest of us, they not only distort the law, they impoverish the language," Scalia wrote. "When everything is domestic violence, nothing is."


    Howdy Dana.....

    Thom Paine
    District atorneys do not use public interest group's definitions to apply the law.


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    Re: Supreme Court upholds gun ban for domestic violence

    Quote Originally Posted by 1750Texan View Post
    District atorneys do not use public interest group's definitions to apply the law.
    hmmm, I'm not following you.... could you add a sentence or two?

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    Re: Supreme Court upholds gun ban for domestic violence

    Quote Originally Posted by Thom Paine View Post
    hmmm, I'm not following you.... could you add a sentence or two?

    Thom Paine
    Sure.


    he [Scalia] ridiculed the court's inclusion of "offensive touching" as a crime triggering the gun ban. Under the definitions of domestic violence used by public interest groups, he said, that could sweep up "acts of omission," "repeated accusations of infidelity" and "name-calling."
    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 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.
    Agreed. generally....

    My concern arises from personal observations concerning zealous prosecutors extrapolating legal definitions and that such laws should be left to the states where the electorate can more easily voice differing considerations pre or post enactment.

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    Re: Supreme Court upholds gun ban for domestic violence

    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.
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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.

    Bingo !!

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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.
    You can't err on the side of caution when it comes to constitutional rights. The SCOTUS many times in cases has chosen the constitutional right over what might be considered common sense. You cannot abridge the constitutional rights of many just to protect a few, that SCOTUS has up help that thinking for many decades

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