Quote:
Originally Posted by dksuddeth
look at the dates of such laws and convictions, dc. he pleaded to a general battery charge in 94. had to because there was no DV statute in the state at that time.
Lautenberg becomes law in 96, so state makes a DV statute to work with the amendment. No problem here. This makes it so that anyone who commits domestic violence can be charged with domestic violence.
2004, police are called to his house because of domestic violence, find guns, charge him with illegal possession due to lautenberg, which didn't exist in 94, and no conviction of DV because it wasn't a specific crime in that state in 94. Ten years later, with just two short sentences, his crime of general battery is now domestic battery.
this is ex post facto if ever there was an example of it.
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It would only be ex post fact if he was caught before lautenberg. The idea that laws cannot be applied retroactively means that he cannot be charged with doing something before it was a crime, not that he cannot be charged with an ongoing violation that started before it was a crime.