The road to Hell is paved with good intentions.

[Magistrate PO]

I work as a Probation Officer in a small town in New Mexico and have noticed a alarming thing happening in the last few years. It all started with the best of intentions in dealing with domestic violence. A law was passed that if you are convicted of battery on a household member, you are not allowed to purchase, or possess, a firearm. It was designed to protect women from violent men who beat them, and if you are talking about the serious abusers, it is logical. But the law is so broad that it includes such things as throwing a cup of water in the middle of an argument, shoving your daughters live in boyfriend when he is drunk and abusive, and my favorite was the guy who threw a picture frame to the floor and a sliver of glass flew across the room and cut a 1/4 inch cut in the girlfriends ankle. Each of these individuals plead guilty as they had not talked to a lawyer and did not think it was a big deal. Until later when they find out they have lost thier right to possess a firearm, period. From the numbers I have personally seen convicted of this misdemeanor, it would amount to hundred of individuals in this state, and across the country it would be in the thousands. And no one seems to be taking notice.

[JC40]

I have a friend ,who`s now ex-wife was one crazy mean individual.She would get loud and verbally abusive to him and then hit herself to leave marks.She then would call the sheriffs department and tell them her husband got angry and hit her and they would come out and take him to jail when he never touched her,but she had marks she put on herself.That happened twice before he dumped her,but he is now in the situation you spoke of where he lost his rights to own a firearm because of it.

[ishi]

Has the constitutionality of these laws been tested in court?

[Hoplites1234]

Rule number one--do nothing, say nothing until you speak with a lawyer. Having a lawyer (at least a name) that you've picked out with a good reputation in the community is as important as anything else you do to protect yourself.

[Red Hat]

Yes, the Lautenberg Amendment! Like said above most people don't know they lose their right to own a weapon when convicted of Domestic Violence, A Misdemeanor that is actually a Felony. It's been law since 1996. It was overturned in 1999 but was reversed! Since then other cases heve been rejected or denied! http://en.wikipedia.org/wiki/Domesti...fender_Gun_Ban

Only site I've found for the repeal of the law.
http://repealofsection658ofpubliclaw....blogspot.com/

[tattedupboy]

Has the constitutionality of these laws been tested in court?

This law has about as much of a chance of being overturned as the law barring firearm ownership by felons does. Constitutionality aside, popular laws like this are always somehow going to be justified constitutionally by people who like them.

[ishi]

I was thinking of an angle similar to the Miranda case. If the defendant is going to lose or waive his constitutional rights by a guilty plea, that should be made explicitly known.

[kwo51]

I think it is the governments position to make as many people possible not armable. This is like job security.

[JC40]

I think it is the governments position to make as many people possible not armable. This is like job security.

+1.silently being screwed!!!!!

[DrDavidM]

Obviously our government for the most part are in it for themselves not us. I am not surprised that they want to take everyones guns away. They, of course, could still have them. Wouldn't they feel safe if they were the only people in the US with a gun. Sometimes, actually often, I wonder about this government. That said, It is still the greatest country in the World!