Quote:
Originally Posted by dksuddeth
I am not surprised at the amount of misinformation both in the article and in the decision. U.S. v. hayes is about a state law that did not define an element of misdemeanor assault, that being the domestic household part. This abhorent decision has now made it possible to remove the 2nd Amendment rights of anyone accused of misdemeanor assault, whether it's between boyfriend/girlfriend, brother/sister, brother/brother, or roommates of all genders, just so long as both participants in the assault lived in the same household.
What a tremendously atrocious decision.
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The Lautenberg amendment has been part of federal gun control legislation for 12 years.
It addressed the fact that in some states, domestic violence is a felony and in others it is a misdemeanor...and it further addressed the cases where a person is convicted of a misdemeanor under a general battery law. The relationship that the offender has with victim is what determines whether or not the misdemeanor is a domestic violence misdemeanor.
As I understand it, this guy beat his wife or used physical force (or threatened the use of a gun), was convicted of misdemeanor battery and claimed that since he was not charged specifically with domestic battery or domestic violence, the Lautenberg amendment did not apply to him and he should have the right to possess a firearm.
Nope, sorry guy.