SCOTUS Decision Can Impact Gun Ownership
From Jim Shepard…
Regardless of your position, the 6-2 ruling, written by Justice Elena Kagan, rejected the challenge of the existing law by two men who were found guilty of felony gun possession because of previous misdemeanor domestic violence charges. The court said that the conviction, whether the misdemeanor be the result of recklessness or intent, was sufficient for the prohibition.
In her majority opinion, Justice Kagan wrote that the federal statute was designed to close what she called a “dangerous loophole” in gun laws as many domestic violence cases were handled as misdemeanors. She said the actual intent of the law was to prevent all domestic abusers, even those under “run of the mill misdemeanor assault-and-battery laws,” from possessing guns.
No one’s arguing the need to more comprehensively address the problem of domestic violence, but under the Kagan interpretation- which some SCOTUS observers say is “unusually broad” – any qualifying misdemeanor charge, no matter how minor, is seen as grounds for denial of the Second Amendment right to possess a firearm. Read more