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Post by PamIsMe on Jun 27, 2016 11:42:29 GMT -6
www.supremecourt.gov/opinions/15pdf/14-10154_19m1.pdfv . UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 14–10154. Argued February 29, 2016—Decided June 27, 2016 In an effort to “close dangerous loophole” in the gun control laws, United States v. Castleman , 572 U. S. ___, ___, Congress extended the federal prohibition on firearms posse ssion by convicted felons to per- sons convicted of a “misdemeanor crime of domestic violence,” 18 U. S. C. §922(g)(9). Section 921(a )(33)(A) defines that phrase to in - clude a misdemeanor under federal, state, or tribal law, committed against a domestic relation that nece ssarily involves the “use . . . of physical force.” In Castleman , this Court held that a knowing or in- tentional assault qualifies as such a crime, but left open whether the same was true of a reckless assault. Petitioner Stephen Voisine plea ded guilty to assaulting his girl- friend in violation of §207 of th e Maine Criminal Code, which makes it a misdemeanor to “intentionally , knowingly or recklessly cause[ ] bodily injury” to another. When law enforcement officials later inves- tigated Voisine for killing a bald eagle, they learned that he owned a rifle. After a background check turned up Voisine’s prior conviction under §207, the Government charged him with violating §922(g)(9). Petitioner William Armstrong pleaded guilty to assaulting his wife in violation of a Maine domestic viol ence law making it a misdemeanor to commit an assault prohibited by §207 against a family or house- hold member. While searching Armstrong’s home as part of a narcot- ics investigation a few years later, law enforcement officers discov- ered six guns and a large quantity of ammunition. Armstrong was also charged under §922(g)(9). Both men argued that they were not subject to §922(g)(9)’s prohibitio n because their prior convictions could have been based on reckless, rather than knowing or intention- al, conduct and thus did not qual ity as misdemeanor crimes of do- mestic violence. The District Cour t rejected those claims, and each
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Post by PamIsMe on Jun 27, 2016 23:44:18 GMT -6
What I don't get is why isn't a domestic violence conviction a felony? IMHO is some beats up a family member once, they'll do it again.
Pam
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Post by trappincoyotes39 on Aug 17, 2016 17:34:46 GMT -6
Pam this has been law for a period of years, most crimes have misdemnors and felony labels. Many states have a policy of called to a domestic disputes someone will be leaving the premises that is the law in some of these states, regardless of fact finding. The lack of marks or,physical evidence outs the charge into a misdemeanor and marks and physical evidence could then take it to a felony charge.
Either way if convicted of the lesser you are no longer legally able to purchases a firearm.
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Post by redsnow on Aug 17, 2016 19:53:06 GMT -6
Or possess a firearm!
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Post by trappnman on Aug 19, 2016 9:56:35 GMT -6
I think the reason it isn't a felony Pam, dates back too long held beliefs that women were property.
but the times are a changing- despite a certain candidate wanting to bring back the "good ole days"
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Post by trappincoyotes39 on Aug 21, 2016 19:51:07 GMT -6
Tman BS really. There are various charges for all kinds of crime, that is not to say that felony charges do not exist for domestic violence because they do, either way this is the toughest in the 4473 the only question that will keep you from a gun purchase with a misdemeanor.
Been on there for a period of years, many other behind the scenes issues at the present time will keep you from getting a proceed with Sale as well.
Woman owned as property good grief...............
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Post by trappnman on Aug 22, 2016 7:35:28 GMT -6
I understand your understanding of history only goes back to this morning- I feel bad for you, not knowing the history of your country and the world
I'm betting you think racism has nothing to do with color either
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Post by trappincoyotes39 on Aug 22, 2016 17:32:14 GMT -6
I understand history just fine, you are one who really likes to stretch things by trying to conceive the notion that there are misdormenor charges for domestic violence because at one time woman where property, really?
The reason is there are verbal threats and physical threats and if we put everyone who makes a verbal threat would fall under a felony charge of domestic violence the prisons would be at 4x's the capacity it is today .
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Post by trappnman on Aug 23, 2016 8:51:09 GMT -6
I don't know what to say-
you failed to, once again, understand what I posted, instead getting a mindset in your own mind, and running with that
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Post by trappincoyotes39 on Aug 23, 2016 17:17:23 GMT -6
Tman you made this comment, that domestic violence isn't a felony, when in FACT there is a felony charge along with a misdemeanor charge as well. The facts and evidence determine which way the prosecutors will make a charge. Good grief.
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Post by bblwi on Aug 23, 2016 22:24:50 GMT -6
Some states and municipalities allow more abuse than others and it follows cultural norms as to race, gender, etc. in most cases. One needs to choose where one lives with a lot of concern if one's family has issues. We allow states to determine the level of abuse one can do to others, and in some cases indictments are hard to get and scarce, yet it is a 250k fine to duplicate a rental video or show it to a group. People don't matter too much in a monetary capitalistic mindset.
Bryce
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Post by trappincoyotes39 on Aug 24, 2016 5:29:49 GMT -6
Bryce what states please list them are very loose in your words on the Domestic violence ?
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Post by trappnman on Aug 24, 2016 7:18:13 GMT -6
Tman you made this comment, that domestic violence isn't a felony,where? comprehension- its what the cool kids do TC- I have degrees, graduate work in sociology, history, constitutional law. I state this to show I just didn't fall off the truck in understanding social issues and mores. What I stated in my post, is easily backed up by the history of this country regarding women and their rights. since TC is convinced that all domestic violence, or even the majority of it is considered felonies- here is a link. I post this not for TC- because he will have some phony balony excuse why its not correct, but for Bryce and others. www.governmentregistry.org/criminal_records/felonies/difference_between_a_felony_and_a_misdemeanor/is_domestic_violence_a_felony.html
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Post by bblwi on Aug 24, 2016 8:26:29 GMT -6
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Post by trappincoyotes39 on Aug 24, 2016 15:59:31 GMT -6
Bryce your bottom link is boughs, takes you to the states which not all are listed and have to fight through to,find any information. Not enough time to d such for each state. Sorry.
Your middle link is pure bs dribble, again being honest with you. Anonymous online sales? Give me a break show me one online place you can buy a gun online without it shipping to a licensed FFL holder? Sellin guns across states lines must be done through an FFL that is the law, any site telling you it can happen without such taking place is going to get nailed by ATF in a nano second. No carrior in the US Will ship a handgun without it going to a licensed FFL. none Nadda zero of them. Lie about it and again your breaking the law . Mayors against guns good grief. I have bought handguns online and the process is very strict.
Craig's list, Facebook and all other social sites will shut down any mention of a gun sale in a heartbeat. I know this from being on gun pages you can talk guns all you like but mention a sale and that page will be shut down fast! Online sales of handguns or long guns must follow the ATF Protocol no exceptions or your breaking the law. So your answer is to not have these sales because 1 in a million break the law? Go to gunbroker.com I have purchased a few firearms from there at a great cost savings, not a single gun on there that can be sold direct from person to,person. All demand a copy of the FFL your transferring the gun to. Loop,holes in online sales, nothing more than a talking pint for the anti gun people .
There numbers are bogus drivel. They pull out the parts they want and leave out the rest. Three sources are suspect by college professors most not comming from FBI or federal data banks.
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Post by trappincoyotes39 on Aug 24, 2016 16:05:35 GMT -6
Bryce your first link shores up my arguemeant that states are tough on domestic violence, many just mention the word attempt to, and probable cause. Many states mandate someone going to jail.
If I am getting your point correctly, you feel that even a person who is convicted of misdermenor domestic violence and cannot legally own or purchase a gun is not enough? What else could there be at a lessor charge to keep them from procuring a firearm than that?
21 states have automatic arrest and we feel we are not doing enough? I for one am not in favor of automatic arrest as people do lie in the heat of the momement and to take someone to jail simply over a phone call as some states do mandate is really riding a thin line. Evidence is one thing, but words and only words are entirely different.
I understand going to,jail and conviction are 2 different things but auto lock up for a phone call seems pretty tough to me.
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Post by bblwi on Aug 24, 2016 22:15:01 GMT -6
You asked if there are states with differences in domestic violence and there is and they do vary considerably from state to state. Your question did not ask for which information or which sites. If you don't like them that is fine than maybe you need to ask more definitive questions and your remarks talk a lot more about other instances and probable situations than actually what occurs during a domestic violence response and yes the last site does have all 50 states so differences can be noted. Just because you feel a site is dribble does not mean there are not issues to be dealt with and how they are being dealt with.
Bryce
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Post by trappincoyotes39 on Aug 25, 2016 5:22:19 GMT -6
Bryce I already knew that varying states deal with domestic violence in different ways but more and more of them are getting very harsh on such calls and charges and how that deals with the ability to owner purchase a firearm I feel the government has done the right thing .
This is not new again this has been on the 4473 form for a period of years as far as domestic violence each state is allowed to deal with that and how they see fit the ATF he's took their stance on how it deals with firearms
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Post by trappnman on Aug 25, 2016 5:55:43 GMT -6
aren't we already doing enough TC asks.
No TC- the answer is NO- we aren't doing enough.
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Post by bblwi on Aug 25, 2016 8:17:43 GMT -6
You may have known that but your implication was that I did not and there in lies a real issue for me and many others and that is that we are not that less intelligent and up to date as many of your ilk believe us to be.
Bryce
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