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Sneaking Past Heller

So much to keep an eye on these days–it would drive a mad person sane to stay on top of everything. Nonetheless, one must plow ahead. With regards to new Supreme Court decisions having a bearing on our Second Amendment rights, I bring you the following:

In spite of its recent support for an individual right to bear arms, the Supreme Court today adopted an expansive reading of the federal law that bans possession of firearms by those who have been convicted of felonies or of “a misdemeanor crime of domestic violence.”

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But, as Ohio State University law professor Doug Berman points out on his Sentencing Law and Policy blog, neither Heller nor the Second Amendment played a role in Hayes. “The Second Amendment and Heller do not even get mentioned by the dissenters, even though the majority’s ruling would seem to provide a green light to jurisdictions looking for pretty easy ways to functionally work around the rights supposedly championed in Heller.”

The Brady Center to Prevent Gun Violence applauded the decision. “In its first gun case since the landmark Heller decision, the Court wisely upheld this reasonable restriction, said center president Paul Helmke. “Today’s ruling is the right one for victims of domestic abuse and to protect law enforcement officers who are our first responders to domestic violence incidents.”

Do any of you know how remarkably easy it is for someone to be accused and convicted of domestic violence? Let’s just say that the burden of proof usually seems to rest squarely upon the accused, rather than the accuser. Do not read this wrong: I am by no means condoning domestic violence of any sort. Far from it.

By nature of the penalty (removal of gun ownership rights) misdemeanor domestic violence convictions have, in my opinion, become de facto if not de jure felonies.

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