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kiva Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-11-08 01:55 PM
Original message
Domestic violence abusers could get gun rights
Thousands convicted of a misdemeanor for threatening or assaulting a spouse or girlfriend could once again own guns because of a flaw in the federal law.

That prospect grew more likely Monday after the Supreme Court gave a skeptical hearing to a government lawyer who argued that a crime of domestic violence should result in a loss of gun rights...

Congress in 1996 sought to strengthen the laws against domestic violence. Before, only persons convicted of violent felonies in such situations lost their rights to own a gun. Going a step further, lawmakers adopted an amendment to take away gun rights for those who had a "misdemeanor crime of domestic violence" on their records....

But last year, the U.S. 4th Circuit Court of Appeals in Virginia cast doubt on the law's reach. Its judges decided the federal gun ban did not cover misdemeanor convictions involving assault or battery at home. Instead, it said the federal ban applied only to those convicted under a state's domestic violence law....

Scalia wrote the 5-4 opinion in June which held for the first time that the 2nd Amendment protects an individual's right to have a gun. He said then that the decision did not shield criminals who committed serious crimes with a gun.

But during Monday's argument, Scalia said possessing a gun was "lawful conduct," and a wife-beating charge lodged against a West Virginia man was "not that serious an offense."


http://www.latimes.com/news/nationworld/nation/la-na-scotus11-2008nov11,0,2414660.story?track=rss

Yep, wife-beating is just havin' a bit of fun...wonder if judge-beating is OK too? :mad:
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-11-08 02:02 PM
Response to Original message
1. Most abusive husbands don't shoot their wives, they beat them to death.
On the other hands, an abused wife has a good possibility of shooting the abusive husband with his own gun.

Often times in his sleep.

So, abusive husbands should think twice about keeping a gun in the house.
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kiva Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-11-08 02:13 PM
Response to Reply #1
3. Maybe Scalia should mention that to all of those
abusers...
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Crunchy Frog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-11-08 02:05 PM
Response to Original message
2. Of course Scalia wouldn't think that wife beating was that serious.
And we couldn't possibly want to save women's lives at the expense of abusers gun rights.

Our society is absolutely nuts.
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Rebubula Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-11-08 02:33 PM
Response to Reply #2
4. Humans
This behavior is certainly not limited to our society, our available weapons or our place in the historical timeline.

Man is no damn good. It is a wonder we made it this far.

All that said...there are too many men (of all socioeconomic classes) that abuse their family. As one that had to live through this shit - I say hang them. Getting damn tired of excuses for people that beat the defenseless...sort of like Blackwater.
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razors edge Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-11-08 03:38 PM
Response to Original message
5. I think the just us system
is starting to lament the loss of police officers over a misdemeanor.

Recent history has shown how fond our judges are of abusive cops, so what if they take their work home with them?
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