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Reckless vs Intentional - Supreme Court upholds reach of US gun ban for domestic violence


mikew

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In light of the Lautenberg Act, I knew this would be a tough one to win.There have been several challenges over the years and each has failed. The larger question at this point: how does this misdemeanor equate to a lifetime ban when a violent felony conviction does not? In Illinois, there is no relief from the misdemeanor, even with the Coram decision which says there is. The IL Att. General argues a change in the IL law just after Coram, dictates no relief is available. There are IL court cases challenging this.

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This is the biggest load of crap I have seen in a very long time. As evidenced by Sotomayor joining Thomas in his dissent. If Sotomayor has a problem with this, you know it's bad. SCOTUS has been pumping out some illogical, fear-driven rulings such as Utah v. Strieff, Birchfield v. North Dakota, Fisher III, Friedrichs, and this, all share the title for"most asinine, cowardly SCOTUS rulings for the October 2015 term." Justice Thomas asked his first question from the bench in over a decade during orals in this case. The majority is just plain too scared of the backlash. I also suspect that to be the case in Birchfield and why cert was denied in the consolidated cases out of CT and NYS. Why do these petitions always go to conference right after someone commits mass murder using firearms.

 

They place a lifetime ban on those who have been convicted of a misdemeanor crime of domestic violence. Now, with Voisine and Castleman, they've further expanded the scope of the Lautenberg Act to include a mens rea of recklessness, offensive touching, and basically defining a domestic relationship as any current or past relationship. Get convicted of felony (the only version of) cocaine possession, get 410 probation, stay clean for a decade, expunge said conviction, and gun rights are restored. Touch your ex-wife on the shoulder, lose gun rights for life without any recourse whatsoever. Logical, right?

 

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