Gun Rights Don't Apply In Domestic Violence Cases, Appeals Court Rules

Source: CBS News

Last year's U.S. Supreme Court ruling on the Second Amendment did not, contrary to what you may have heard at the time, resolve very much.

Unanswered are questions about carrying firearms in public, gun sales on government property, firearm registration, guns in government housing, handgun restrictions that aren't exactly the same as the District of Columbia's, zoning and gun stores, and so on. And so far, at least, lower courts have been overwhelmingly hostile to gun owners' rights.

The latest example is a decision late Thursday by the U.S. Court of Appeals for the Tenth Circuit, which said that a criminal defendant may not be allowed to present a Second Amendment defense to a federal jury in Utah. It came after the appeals court granted an extraordinary emergency appeal, called a writ of mandamus, from the Justice Department after the district judge agreed to allow those jury instructions.

The defendant, Rick Engstrum, has an earlier misdemeanor domestic violence conviction and has been charged with possessing a firearm in violation of a federal law that applies to anyone "who has been convicted in any court of a misdemeanor crime of domestic violence." He has pleaded not guilty.


Read more: http://www.cbsnews.com/blogs/2009/08/14/politics/politicalhotsheet/entry5243308.shtml?tag=stack

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Good. Anyone involved in domestic violence shouldn't have a gun.

They don't even realize they're missing the point.

"Unanswered are questions about carrying firearms in public, gun sales on government property, firearm registration, guns in government housing, handgun restrictions that aren't exactly the same as the District of Columbia's, zoning and gun stores, and so on. And so far, at least, lower courts have been overwhelmingly hostile to gun owners' rights."

BUT SCOTUS said in Heller:

and I'm very concerned that in all complex matters, the public and the press are not interested in or capable of going there.

this is a great thing! In fact, married men shouldn't be allowed to have those things unless their wives agree. That would really cut down on DV.

which I suppose alot of guys are already okay with these days.

involved in domestic violence. The possession, or lack of, a gun has nothing to do with it.

You are aware that there are thousands of men (and women) who not only own firearms of various types but are NEVER involved in domestic violence.

have the same charge on me, misdemeanor domestic violence. My SO at the time was drunk, we had an argument, he had me backed into a corner, I pushed him so I could get out. Because he was drunk he lost his balance and fell, hitting the corner on his way down causing a bruise on his back. He called the sheriff, I got charged. The sheriff even said he knew the score but because he (SO) was the one who called I was the one who got charged.The judge said he didn't fall because he was drunk he fell because I pushed him, didn't want to hear why. SO tried to get the charges dropped after he sobered up, they wouldn't let him. This was about 15 years ago. I am probably the most anti-violent person around but I will not stand by and be abused.

Yeah for zero tolerance! Yeah for not letting judges, you know, judge! Sure hope (I really do) you never feel you were in a position to need a firearm for self defense against a stalker, ex or just general purpose because you are too violent and dangerous to have a firearm now because so says the U.S. Government! I HATE this law!

they take away disrection from the officer to make a rational decision, i understand why they were put in place but unfortunately like all zero tolerance laws a lot of people get snagged up in the system who really shouldnt be. In a lot of ways the sex offender laws are a boondogle in the same way..

People are more likely to be killed in domestic violence, or injured, than in any other life situation. Its the one situation where I would sanction people having guns readily available.

If one feels unsafe, other options include baseball bats, knifes, swords, crossbow pistols and various electrical shock weapons and sprays.

no right is absolute (you can't yell fire in a crowded theater etc).