81°
forecast

Domestic violence, guns shouldn't mix

Posted to: Editorials Opinion

Virginia isn't exactly known as a place with strict gun control laws, but its approach to convicted wife-beaters is commendably clear: They can't own a gun. Last week, the U.S. Supreme Court helped clarify the issue for other states.

The justices, in a 7-2 decision, upheld a federal law designed to keep firearms out of the hands of people convicted of misdemeanor charges related to violence against a spouse, live-in partner, child, parent or other relative.

Felony convictions are already a disqualification for gun ownership. In 1996, Congress amended the federal Gun Control Act to extend the ban to include "a misdemeanor conviction of domestic violence," a move that's credited with blocking more than 150,000 abusers from buying guns.

The high court's ruling centered on a case involving a West Virginia man convicted of committing battery against his wife in 1994. A decade later, he was charged and convicted of a weapons violation after police found a gun while responding to a domestic violence complaint at his house.

The U.S. Court of Appeals for the Fourth Circuit in Richmond threw out the firearms conviction, stating that the 1994 conviction wasn't a bar to gun ownership for the man because the misdemeanor charge didn't specify domestic violence.

Twenty-five states don't have a specific domestic violence element in misdemeanor charges involving use of force, according to the Brady Center to Prevent Gun Violence.

Fortunately, Virginia's eligibility requirements for gun purchases are clear. People convicted of specific domestic violence charges are disqualified, as are people convicted of misdemeanors "that involve the use, threat of or attempted use of physical force (e.g. simple assault, assault and battery)" in a domestic situation.

Justices Antonin Scalia and John Robert dissented in the Supreme Court's ruling. They argued that the federal law, as written, was being interpreted too broadly. The view was shared by some advocacy groups, including the Second Amendment Foundation and the Eagle Forum.

But Justice Ruth Bader Ginsburg, writing for the majority, said it was clear Congress "sought to apply the firearm ban to all persons convicted of domestic-violence offenses, whether or not their [state] statutes of conviction happen to contain a domestic-violence element."

Perhaps the language of the law could be more precise, but words "conviction of domestic violence" are plain enough. The ruling sides with victims of domestic abuse and the law enforcement officers who respond to 911 calls. It sides with public safety and common sense.

 

COMMENTS ADVISORY: Users are solely responsible for opinions they post here; comments do not reflect the views of The Virginian-Pilot or its websites. Users must follow agreed-upon rules: Be civil, be clean, be on topic; don't attack private individuals, other users or classes of people. Read the full rules here.
- Comments are automatically checked for inappropriate language, but readers might find some comments offensive or inaccurate. If you believe a comment violates our rules, click the report violation link below it.

what is domestic violence?

Ask any woman in a battered women's shelter. Better yet get them to show you pictures of themselves after their last "domestic violence" attack.

Our gun laws are just fine.

Our gun laws are just fine. The liberals on the Supreme Court are the ones that lack the common sense. Especially Ginsburg and Breyer.

What is domestic violence?

I disagree for 2 reasons...

The first is back when it was hard to get a divorce some men would agree to plead guilty to a domestic violence charge just to give the proceedings grounds and at that time it did not remove ones gun rights.

Now fast forward to today and that man, who never really hit anyone can never have a gun...EVER...as the law was not grandfathered.

Also, I ask "What is domestic violence?" Is it not simply assault and/or battery? If so treat it like that. Why does it have to be a 'special' crime? I just don't get why crime "X" gets you "Y" years in jail, but crime "X" against a different demographic (race/sex/religion) gets you "Y" + "Z" years. A crime is a crime and punishment should be based on that.

"common sense"

When it comes to gun ownership in the Commonwealth, there is very little "common sense" in our current gun laws.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
Please note: Threaded comments work best if you view the oldest comments first.

More articles from: Editorials rss feed    Opinion rss feed   


Toolbox