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S. Ct. interprets Lautenberg against gun owners
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kimberman
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Post subject: S. Ct. interprets Lautenberg against gun owners Posted: Tue Feb 24, 2009 11:17 am |
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Wise Elder |
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Joined: Thu Aug 11, 2005 7:48 pm Posts: 2782 Location: St. Paul
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From www.armsandthelaw.com
Quote: It's US v. Hayes. The question was whether to read the less than clear statute as requiring proof that the firearm possessor either (a) was convicted of a misdemeanor, whose elements were use of force, and against a household member, or (b) was convicted of a misdemeanor who element was use of force, with the government able to show in the firearm felony prosecution that it was in fact against a household member. (Defendant's underlying conviction was for generic battery, not specifically DV).
Majority, per Justice Ginsburg, goes for (b).
Roberts, joined by Scalia, dissents, going for (a). It's a straight statutory matter, Second Amendment neither briefed nor mentioned in either opinion.
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Lenny7
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Post subject: Sarah Brady's take Posted: Wed Feb 25, 2009 3:39 pm |
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Longtime Regular |
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Joined: Tue Mar 14, 2006 11:09 am Posts: 1060 Location: Savage, MN
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From the Brady Bunch:
Quote: Victory! Court Upholds Restrictions on Guns for Domestic Abusers U.S. Supreme Court Decision Cites the Brady Center
Dear Lenny7, Victory in the Supreme Court!
In its first gun case since the landmark Heller decision, the Supreme Court wisely upheld a "reasonable restriction" — namely, keeping guns out of the hands of convicted misdemeanor domestic violence abusers.
What a great victory in the U.S. Supreme Court for sensible gun laws! And you helped make it happen. Thank you!
In addition, Justice Ruth Buzzy Ginsburg, speaking for the 7-2 majority, cited the Brady Center brief when she wrote that "firearms and domestic strife are a potentially deadly combination nationwide."
And The Washington Post’s coverage made it clear the role we played:
"Ginsburg was citing the Brady Center to Prevent Gun Violence in that passage, and its president, Paul Helmke, said the ruling is ‘the right one for victims of domestic abuse and to protect law enforcement officers who are our first responders to domestic violence incidents.'"
Your ongoing support make a real difference in our efforts to keep guns out of the hands of dangerous people. Thank you for making our victory for common sense gun laws possible.
Sincerely, Sarah's Signature Sarah Brady, Chair
P.S. Now more than ever, your continued support is needed to keep victories like this possible. Please consider making a tax-deductible gift to the Brady Center today! With your support, we will continue to have victories like this that will help protect you, your family, and your community from gun violence.
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Mosin
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Post subject: Posted: Wed Feb 25, 2009 4:03 pm |
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Eagle-eyed watcher of legislation |
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Joined: Fri Dec 26, 2008 2:34 pm Posts: 185 Location: Bloomington
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So what it takes to be convicted of a misdemeanor crime of domestic violence?
http://www.law.cornell.edu/supct/html/07-608.ZS.html
Quote: (a) The definition of “misdemeanor crime of domestic violence,” contained in §921(a)(33)(A), imposes two requirements. First, the crime must have, “as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon.” §921(a)(33)(A)(ii). Second, it must be “committed by” a person who has a specified domestic relationship with the victim. Ibid. The definition does not, however, require the predicate-offense statute to include, as an element, the existence of that domestic relationship. Instead, it suffices for the Government to charge and prove a prior conviction that was, in fact, for “an offense … committed by” the defendant against a spouse or other domestic victim. Pp. 4–9.
The bottom line is, tell your wife your going to shoot her and you'll never own a gun again. Tell your neighbor your going to shoot them and you can keep your gun.
If I have this right, the main issue is that Hayes was convicted in '94 and the Federal law was enacted in '96 and this decision states that it is retroactive? And the crime doesn't necessarily have to be a DV crime. It could be a different crime but later determined to be DV by the government.?
_________________ April 19, 1775 the strongest military in the world attacked farmers and townspeople formed as militia in Concord. One year, 3 months, and 25,000 american casualties later, we would begin forming a government based on limited powers and individual liberties.
It's your constitution. They died for it. Read it. Know it.
http://www.law.cornell.edu/constitution ... rview.html
http://LibertyMinnesota.com
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gunflint
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Post subject: Posted: Wed Feb 25, 2009 9:10 pm |
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Longtime Regular |
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Joined: Sat Aug 13, 2005 4:00 am Posts: 1094 Location: Duluth
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If I told my wife that I was going to shoot her I shouldn't have any guns in the first place.
_________________ "I wish it to be remembered that I was the last man of my tribe to surrender my rifle" Sitting Bull
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Andrew Rothman
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Post subject: Re: Sarah Brady's take Posted: Wed Feb 25, 2009 9:54 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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Lenny7
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Post subject: Re: Sarah Brady's take Posted: Thu Feb 26, 2009 1:24 am |
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Longtime Regular |
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Joined: Tue Mar 14, 2006 11:09 am Posts: 1060 Location: Savage, MN
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Andrew Rothman wrote: Lenny7 wrote: In addition, Justice Ruth Buzzy Ginsburg, speaking for the 7-2 majority, Did they really write that?
No, I snuck that in there.
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Mosin
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Post subject: Posted: Thu Feb 26, 2009 8:57 am |
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Eagle-eyed watcher of legislation |
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Joined: Fri Dec 26, 2008 2:34 pm Posts: 185 Location: Bloomington
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I was thinking about this more last night. I wonder how many people just lost their 2A rights because of a previous misdemeanor against a family member which might not have even involved any physical contact.
The really odd thing is they wouldn't even know they are barred from possession until the Feds decide their crime falls under DV. Are they going to review all cases and notify people? Will it only come up on their next NICS?
odd...
_________________ April 19, 1775 the strongest military in the world attacked farmers and townspeople formed as militia in Concord. One year, 3 months, and 25,000 american casualties later, we would begin forming a government based on limited powers and individual liberties.
It's your constitution. They died for it. Read it. Know it.
http://www.law.cornell.edu/constitution ... rview.html
http://LibertyMinnesota.com
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