Domestic violence abusers could get gun rights

[babsbunny]

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

The Supreme Court will decide whether people convicted of misdemeanor assault against their spouses or partners should have their 2nd Amendment rights restored because of a flaw in federal law.
By David G. Savage
November 11, 2008
Reporting from Washington -- 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.

Neither families nor police officers should face "the powder keg situation of a domestic offender with a gun," said Nicole Saharsky, a Justice Department lawyer.

But she ran into sharp questioning from justices who said the law was badly written.

[Jackpine Radical]

1. This will make some of you crazy, but I don't oppose that.

Not everyone who has ever been convicted of misdemeanor domestic violence is a homicidal maniac.

[Paladin]

2. You'd Better Take Advantage Of Fat Tony Scalia While You Can.... (n/t)

[123infinity]

3. The Republican Brady Bunch relies on him already.

And it -is- a horribly crafted law.

[-..__...]

14. We will...

you can take that to the bank.

With 2 (possibly 3), SCOTUS vacancies opening up in the next 4 years, Obama and Congress should disregard any nominee that disagrees with the Heller decision and/or has an unfavorable opinion regarding the 2nd amendment/RKBA.

[Eryemil]

12. So?

The ACLU can defend them 'cause I certainly won't. I'd be okish with the right being restored to all except those involved in physical abuse. Child/wife beaters can be dropped from a cliff for all I care.

[jmg257]

4. What is the flaw in federal law?

[michreject]

7. Ex Post Facto

The Lautenberg Amendment made a crime retroactive.

[underpants]

5. That should take care of the problem

one dead
one in jail

Problem solved

[ThomWV]

6. Why can any "Right" be taken from any citizen who is not in prison?

I can understand that rights may be suspended during a person's time in prison, but other than that by what authority is any right held by any citizen taken from them? And by the way, we don't give rights to people - every person is born with their rights and those rights are inalienable.

[OHDEM]

10. In many states, you lose your right to vote if you've been...

convicted.

If you show irresponsibilty with guns, you certainly should lose that right. I think a propensity towards violence might warrant such action as well. Deadly weapons shouldn't be handed out like candy.

Surely you're not advocating gun rights for everyone no matter the circumstances. How about the mentally ill? Can you really not think of a situation where someone should not have access to guns????

I have no problem with responsible gun ownership, but I'm disgusted by the attitude that gun ownership is a God-given right not to be infringed. Some people should NOT have guns. Like the dad that let his 8 year old fire an uzi! If you've proven to be a danger to yourself and others, why should we allow you to be armed?

[OHDEM]

8. I'm a bit disturbed by this.

I have a personal story. A friend I grew up with used to tell me that her dad was violent when he drank, but he was sober back when we were in high school. I was a naive kid and never realized the extent of the problem.

A few years ago at work, I heard a familiar name on the news and immediately went on the internet to search. I found out that my friend's dad had went to mom's work and shot and killed her in the parking lot in broad daylight. The police had been at their home the night before. Thier son had called because the dad was making threats. The police took his gun and left. The next day, he went to a gun shop and bought his murder weapon. I'm not sure if she ever had him arrested for domestic violence. Like so many women, they are afraid or embarassed.

If a woman had the guts to charge the man, maybe he shouldn't have access to a gun.

There was another case in Ohio a few years ago where the ex-wife had a restraining order and the guy still tracked her down and chased her to a neighbor's home - where he shot and killed her hiding in a closet.

We shouldn't underestimate the dangers of domestic violence.

[aikoaiko]

9. There probably needs to be some middle ground which involves due process, but also restoration.

[-..__...]

11. Hopefully, the court will do the right thing and invalidate the "Lautenburg Amendment".

No Constitutional right should be denied for any misdemeanor.

[Paladin]

13. I'm Going To Remember This Thread.......

....the next time our resident Gun Nuts start squealing about being accused of advocating guns for everybody. If siding with this abusive asshole (and thousands just like him) isn't pushing guns for everybody, it's damned close to it. Like I say, the right wing douchebags on the Supreme Court will probably do you gun militants yet another favor on this, with predictably tragic results. Happy?