Lawdog Dago Dom Posted March 27 Posted March 27 Court Upholds Federal Gun Ban for Misdemeanor Domestic Violence 1 Quote
Blackwater 53393 Posted March 27 Posted March 27 Couldn’t read the entire article without buying into the Bloomberg bologna!! From what I read, this was expected, as it’s the 9th circuit after all! I have mixed feelings about this subject. Too many women are subjected to abuse in the home and it’s a serious issue! Too many individuals are falsely accused of domestic violence and it’s one of those points in our legal system where the presumption of innocence is most often completely absent and or ignored. This is a “no win situation” for all parties! A misdemeanor in almost any other case doesn’t reach the level where possession of firearms for the offender is prohibited. I suppose that a reasonable period of suspension of rights would be appropriate, but at what point and what length of time? 1 Quote
Gateway Kid SASS# 70038 Life Posted March 27 Posted March 27 28 minutes ago, Blackwater 53393 said: Couldn’t read the entire article without buying into the Bloomberg bologna!! From what I read, this was expected, as it’s the 9th circuit after all! I have mixed feelings about this subject. Too many women are subjected to abuse in the home and it’s a serious issue! Too many individuals are falsely accused of domestic violence and it’s one of those points in our legal system where the presumption of innocence is most often completely absent and or ignored. This is a “no win situation” for all parties! A misdemeanor in almost any other case doesn’t reach the level where possession of firearms for the offender is prohibited. I suppose that a reasonable period of suspension of rights would be appropriate, but at what point and what length of time? Usually totally agree with you Blackwater but here i don’t. We do agree a woman is at a severe disadvantage in a fight with a man, size and strength being the biggies, but when my wife worked for the criminal justice department here some of the beatings administered to the men were life threatening. Never once saw any revocation of the woman’s rights. More than a few times women would lie their hind ends off because they were mad at their partner and it very rarely happened that they were charged with a crime even though it effectively ruined the life of their partner. Either domestic violence is a felony which carries the loss of certain rights or it’s not to BOTH parties. if it is a misdemeanor then it deserves a punishment fitting for a misdemeanor, fines, jail, possibly prison. As far as I can find out this is the only non-repetitive misdemeanor that disqualify’s ones enumerated constitutional rights on a first offense. Further as near as I can tell (from what I have read) the concept of calling domestic violence a misdemeanor was simply to provide an “out” to prosecutors to lazy or ethically challenged to not have to prove a case involving “he said, she said” when dealing with a toxic relationship. There are plenty of lawyers on the wire who could probably give great details on the history regarding DV. we do agree DV happens to much, is destructive to both parties and is a serious issue but removing rights is equally serious and should be considered as well. Respectfully Gateway Kid 1 Quote
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.