Supreme Court upholds domestic violence gun ban

domestic-gun-violence-cropped

The Supreme Court today ruled that people convicted of misdemeanor domestic violence crimes may not possess firearms under federal law. 18 U.S.C. § 922(g)(9) states that it is unlawful for anyone who has been convicted in any court of a misdemeanor crime of domestic violence to:

“ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce”
The cruxt of the argument was that the law should not punish reckless acts (such as in the heat of the moment) as opposed to intentional acts. This argument was rejected by the court in a 6-2 opinion. Justice Kagan, writing for the majority, stated that there is no constitutional exception for reckless or unintentionl violence when it comes to violent offenders and gun ownership. In his dissent, Justice Thomas stated, with regards to second amendment rights, the the Supreme Court “treat[s] no other constitutional right so cavalierly.”

Fort Lauderdale Criminal Lawyer Gary Cole

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