Jim Simmons
02-24-2009, 05:16 PM
Persons who have been convicted of assault or battery -- but not domestic assault -- need to be aware of USA v Hayes, a decision of the United States Supreme Court that was handed down today, February 23, 2009.
Ever since the Lautenberg Amendment was enacted in 1996, people who have been convicted of domestic assault have been prohibited from possessing firearms. Today, a 7 - 2 majority of the Supreme Court (Chief Justice Roberts and Justice Scalia, dissenting) tells us that a domestic relationship need not be an element of the offense for the person to be prohibited. Thus, a person convicted of assault -- or an assaultive crime -- is prohibited from possessing a firearm if the assailant is the victim's "current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim."
This decision came rather out of the blue. SCOTUS's new interpretation has the effect of rendering many more people ineligible to possess firearms. If you have ever been convicted of assault or an assaultive crime where the alleged victim is or was related to you as described above, discuss the legality of your continued possession of firearms with an attorney familiar with firearms laws and regulations.
You can read the decision here. (http://www.law.cornell.edu/supct/html/07-608.ZS.html)
I've posted this notice several places on this message board. For further discussion, please go to this identical thread in the "Legal Beagle" forum.
Ever since the Lautenberg Amendment was enacted in 1996, people who have been convicted of domestic assault have been prohibited from possessing firearms. Today, a 7 - 2 majority of the Supreme Court (Chief Justice Roberts and Justice Scalia, dissenting) tells us that a domestic relationship need not be an element of the offense for the person to be prohibited. Thus, a person convicted of assault -- or an assaultive crime -- is prohibited from possessing a firearm if the assailant is the victim's "current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim."
This decision came rather out of the blue. SCOTUS's new interpretation has the effect of rendering many more people ineligible to possess firearms. If you have ever been convicted of assault or an assaultive crime where the alleged victim is or was related to you as described above, discuss the legality of your continued possession of firearms with an attorney familiar with firearms laws and regulations.
You can read the decision here. (http://www.law.cornell.edu/supct/html/07-608.ZS.html)
I've posted this notice several places on this message board. For further discussion, please go to this identical thread in the "Legal Beagle" forum.