Impact of SCOTUS DC ruling and loss of gun rights for domestic violence

Discussion in 'Hunters Rights Forum' started by The Other David, Nov 11, 2009.

  1. The Other David

    The Other David Elite Refuge Member

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    Some years ago the Congress passed a law (Laughtenburg?) that caused anyone convicted of misdemeanor domestic violence to lose their gun rights forever, even if the conviction occurred prior to the passing of the law (ex post facto, I think).

    When it was appealed, the court (not sure which one) stated that the law was valid because there was no "right" to a gun.

    Well, the situation is different now.

    This is in no way a defense of those who commit domestic violence, but I know that many men were accused wrongly, or had something less than a violent act interepreted as violence. Many of these men pleaded guilty because it was a minor misdemeanor, or because they either could not get a jury trial or afford a lawyer.

    I wonder if there are some appeals working their way up the chain regarding this issue.

    Anybody know of anything happening?

    THis is likely an issue the NRA does not want to touch (NRA Backs gun rights for wife-beaters!!!)!:no
     
  2. skiebuster

    skiebuster Elite Refuge Member

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    now thats funny !

    I hope they turn it over, not so that wife beaters can conceal carry, but that those who were wronged due to that Clinton bill can have their rights restored.
     
  3. The Other David

    The Other David Elite Refuge Member

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    Hey, guys, somebody already was thinking about this!

    Court: Criminal Record May Not Prevent Gun Ownership


    Posted by Declan McCullagh
    (AP (file))
    A federal appeals court has overturned the conviction of a Wisconsin man barred from owning firearms because of his criminal record, ruling the lifetime prohibition may violate Americans' Second Amendment rights and calling into question the future of a 13-year old gun control law.

    In a 3-0 decision on Wednesday, the Seventh Circuit Court of Appeals ordered a trial judge to take a second look at the evidence that a 1996 federal law prohibiting anyone convicted of a "misdemeanor crime of domestic violence" is constitutional in light of a U.S. Supreme Court ruling last year that emphasized "the individual right to possess and carry weapons."

    http://www.cbsnews.com/blogs/2009/11/19/taking_liberties/entry5711496.shtml
     
  4. drylok

    drylok Elite Refuge Member

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    Heller did not address the bear aspect, only the keep part. McDonald is going to address the bear part though
     

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