Misdemeanor domestic violence...does the crime fit the punishment?


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orangeninja
December 7, 2004, 05:21 PM
I've been wondering of late how a non-felony would get someones 2nd amendment rights taken away for life....it seems a little on the heavy handed side.

Is there any statute of limitations on this or an expiration date on the crime? What about some kind of NRA type movement to get that type of stuff taken back?

How do pro second amendment cops deal with this in states where an arrest is mandantory?

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TheFederalistWeasel
December 7, 2004, 05:34 PM
No this was Comrade Lautenbergs little brainchild, one of the most anti-2A Senators who has existed.

Fortunately GA is not a mandatory arrest state for DV.

It’s also a very complicated thing, usually not cut-n-dry.

I cannot even begin to count the times I’ve answered DV calls where it was my baby-daddy or my baby-momma who hit me, yada, yada, yada…

Do they live together, no?

Do they have a child together, well they think so…

What the hell actually happened, well I don’t even think they really know…

Get the picture?

In short if I thought someone needed to go to jail to head off immediate future problems we would just charge both with Affray-mutual combat, or just plain ole Disorderly Conduct-Fighting and be done with it.

As a cop in GA you would really have to push it for me to arrest under the Family Violence Act, unless I knew the offender and he/she had an established track record.

The government is trying hard enough to do away with your gun rights; I’m not going to aid in the process if you (the offender) can give me another option.

You may still go to jail, but it would be for misdemeanor Simple Battery or Affray if both were arrested. Saving you the hassle of now becoming a VPC statistic.


Besides I’m sure you would get a lawyer and if they were any good I’m positive they would explain to you what I had done and what I could have done, I saved you a lot of bull???? hassle.

Jim Carry in Liar, Liar had the best advice for someone, when yelled into the phone at a client’s similar question.

“STOP BREAKING THE LAW @$$HOLE!!!!!”

:D :D :D

orangeninja
December 7, 2004, 05:59 PM
I think I like that advice to.

Cosmoline
December 7, 2004, 05:59 PM
There's also the problem of "domestic violence restraining orders," which are handed out ex parte by the truckload and have become SOP in many states for all divorce cases. These restraining orders may include temporary restrictions on the RKBA, and may result in findings. But they are not criminal actions and do not lead to jail time. However, their effect on the target's future right to bear arms is sometimes a question mark, esp. under state laws.

orangeninja
December 7, 2004, 06:06 PM
Yeah...but on the "Yellow Form", there is a difference between restraining order and a domestic violence conviction.

Standing Wolf
December 7, 2004, 06:14 PM
...it seems a little on the heavy handed side.

Wrong. It's extremely heavy-handed. It's what happens when leftist extremist anti-Second Amendment bigots are allowed to write laws.

nhhillbilly
December 7, 2004, 08:22 PM
It is not only heavy handed. It is Post defacto. If you were convicted 20 years ago and were fined $10.00. Never had a problem since that time. YOu lost your right to own a gun when this law came in effect. This law needs to be changes. Talk about federal goverment oversteping their bounds!!! :banghead:

justice4all
December 7, 2004, 09:00 PM
There is a tremendous range of acts that all qualify as domestic violence. Some defendants are truly worthy of severe punishment, but others are simply arrested because someone has to be. These cases can clog the courts, despite the fact that the victims often recant and implore the prosecution to dismiss the charges. In the vast majority of cases alcohol or some other drug is a contributing factor.

Most of these defendants have not done anything that should cause them to lose their RKBA forever, IMO.

RealGun
December 8, 2004, 05:25 AM
That law is just gun control. If someone deserves to lose their right to possess or carry a gun, they should be dead or in jail. The law does not preclude further DV.

Brett Bellmore
December 8, 2004, 06:48 AM
"Yeah...but on the "Yellow Form", there is a difference between restraining order and a domestic violence conviction."

OTOH, if you're under that restraining order, and you get caught not having gotten rid of all your guns, that's a FELONY, even if nobody bothered to tell you you had to get rid of them. And that felony doesn't go away when the restraining order is lifted.

That's how they got Emerson, remember? Simple possession of a gun while under a DV restraining order, no other offense, and the court ruled that it didn't matter that nobody told him he couldn't own guns while under it, the law still applied. "Ignorance of the law is no defense."; A principle that originated back when the theory was they were only making things illegal which were obviously wrong to do.

feedthehogs
December 8, 2004, 09:09 AM
unless I knew the offender and he/she had an established track record.

Established track record. Humm. Lets see.

How many times does one beat the crap out of a spouse, domestic partner, ex spouse, or common parent before they have an established track record?

Sorry lady, I can't arrest your husband.
He has to beat the crap out of you at least three more times so he establishes a track record.

TarpleyG
December 8, 2004, 09:40 AM
Not to mention the fact that a lot of women use the DV statutes as a malicious act of revenge. If they are saavy enough, they know that just by saying that they are battered and beat is enough to stir up a mess about it.

Greg

WT
December 8, 2004, 09:50 AM
In my state DV is a felony.

We don't take kindly to guys slapping their wives around because dinner is late.

Sindawe
December 8, 2004, 11:37 AM
We don't take kindly to guys slapping their wives around because dinner is late.

DV is not just some guy in a tee-shirt beating on his old lady. Its also the teenager punching her father because he grounded her and the girlfriend breaking the boy friends arm 'cause he blocked the statue she was gonna bash his head in with. The ratio is about 50/50 for DV offenders being male/female.

why_me
December 8, 2004, 03:49 PM
if you cant do the time then dont do the crime philosophy. Then they should be banned for life. And if they want there rights back they can petition the court or get a govenors pardon. Since some people feel past behviour is an indicator of future behaviour.
I disagree.
Guns dont kill people. People kill people. Laws are getting more restrictive in every sense of the word. A drunk driving conviction can mean loss of rights not even associated with driving. Thats not right either.
Did you know there are laws against carrying a weapon within 1000 feet of a school. SO technically if you drive anywhere in the city you are violating that law.

orangeninja
December 8, 2004, 04:52 PM
"In my state DV is a felony.

We don't take kindly to guys slapping their wives around because dinner is late."


WT....that's a pretty canned statement.

TheFederalistWeasel
December 8, 2004, 05:19 PM
Quote:
unless I knew the offender and he/she had an established track record.


Established track record. Humm. Lets see.

How many times does one beat the crap out of a spouse, domestic partner, ex spouse, or common parent before they have an established track record?

Sorry lady, I can't arrest your husband.
He has to beat the crap out of you at least three more times so he establishes a track record.



I didn’t say that I would not take them to jail in fact I said the opposite, if you read my post. I said I would charge them with something else, which I have the discretion to do in my state.

We have a couple of folks who live here in town when the call goes out, we know automatically someone is going to jail, plain and simple because it never fails we get there and one or the other has beat the crap out of the other one.

We charge them DV each time, they go to court, judge slapped them on the wrist, 30 days in county $1,000 fine and counseling.

Never fails.

Until the DA or the judge gets tired of looking at the sorry excuses for human beings and slams there @$$ with hard state time, it will never change.

Someday I’ll work a homicide there, it’s coming.

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