First Circuit Court of Appeals upholds domestic violence conviction disqualification
Results 1 to 2 of 2

Thread: First Circuit Court of Appeals upholds domestic violence conviction disqualification

  1. #1

    First Circuit Court of Appeals upholds domestic violence conviction disqualification

    The First Circuit Court of Appeals (in two cases coming out of Maine) has rejected a Second Amendment attack against 18 U.S.C. 922(g)(9) which prohibits individuals convicted of a "misdemeanor crime of domestic violence" from possessing, shipping, or receiving firearms. U.S. vs. Booker, No. 09-1810, No. 09-2302 (May 2, 2011).

    The interesting part of the cases (there were 2 separate cases that were consolidated on appeal) is how the two defendants came to be prosecuted under 18 USC 922(g)(9).

    In the first case, 8 years after his conviction for domestic violence, the defendant accidentally shot a hunting companion with a .50-caliber black-powder rifle while deer hunting. When Officers from the Maine Warden Service were questioning him about the accident, he started bragging about his gun collection. When the officers learned that he had a prior domestic violence conviction, they contacted the BATF, and the BATF then obtained a search warrant for the defendant's residence. Federal officers executed the warrant and found seven firearms in a gun case in defendant's home.

    In the second case, six years after being convicted of domestic violence, the defendant and his girlfriend (the one involved in the earlier domestic violence conviction) were breaking up. The defendant told his girlfriend to come over to his house and get her stuff. she showed up with 3 friends, her 14-year old son, and her infant daughter.

    The defendant was drunk and got mad because the kids were there. He fired a shotgun into the trees to chase them away. When they left, the defendant called 911 and said he had fired a shotgun into the air to scare away some people that were bothering him.

    Two county sheriffs were sent to his hose and they arrested him for discharging the shotgun. As they were leaving he asked one of the sheriffs to go inside the house to stoke his wood stove and turn off the lights in his house. Inside the house, the sheriff saw a gun rack containing several firearms which were seized because of his prior domestic violence conviction

  2.   
  3. 2 situations that could have been avoided. Bragging never works as intended.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Quantcast