Quote:
Originally Posted by dc_dux
What was the state statute and specific misdemeanor under which he was convicted? Was the victim his spouse (or child)? Did he beat her or use physical force in any manner or threaten her with a weapon?
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I dont' have the specific state code or statute number right off, though i'll try to find it. What Hayes was convicted of was the state statute of generic battery, not any domestic violence battery statute. Maybe that was a lesser plea, I am not sure, I just know that he didn't plead guilty to a state domestic violence crime. What this decision is saying is that anyone convicted of any misdemeanor battery or assault charge can now be convicted of illegal weapons possession as long as the government can prove at the illegal weapons possession trial that the persons criminal conviction was against a domestic member. This is an egregious ex post facto violation because anyone who has a misdemeanor assault/battery conviction anywhere in their past could face 5 years in prison if the government can prove it was against a household member.
---------- Post added at 11:22 AM ---------- Previous post was at 11:16 AM ----------
Quote:
Originally Posted by dc_dux
[/COLOR]added:
In 1994, [Randy Edward] Hayes pleaded guilty to a misdemeanor battery offense under West Virginia law, in the magistrate court of Marion County, West Virginia (the "1994 State Offense"). The victim of the 1994 State Offense was Hayes's then wife, Mary Ann (now Mary Carnes), with whom he lived and had a child. As a result of the 1994 State Offense, Hayes was sentenced to a year of probation.
Ten years later, on July 25, 2004, the authorities in Marion County were summoned to Hayes's home in response to a domestic violence 911 call. When police officers arrived at Hayes's home, he consented to a search thereof, and a Winchester rifle was discovered. Hayes was arrested and, on January 4, 2005, indicted in federal court on three charges of possessing firearms after having been convicted of an MCDV, in violation of 18 U.S.C. §§ 922(g)(9) and 924(a)(2).
US Code: It shall be unlawful for any person...who has been convicted in any court of a misdemeanor crime of domestic violence... to...possess...any firearm Committing domestic battery by any other name is still committing domestic battery(violence)...or so the Court upheld, 7-2. |
thank you for helping me make my point. What this decision does it make anyone convicted of assault and/or battery, even simple threats, ineligible for firearm possession, even though their conviction isn't from a domestic violence statute.