The Supreme Court ruled on an expansive reading of the federal law that prohibits firearm possession by anyone arrested for a misdemeanor involving domestic violence. The decision comes after a 7-2 vote in the United States v. Hayes case of which West Virginia resident Randy Hayes was prosecuted and stripped of his rights to own a gun based on a 1994 state conviction on charges of battery, where his victim was his wife.
Hayes appealed the court’s decision in 1996 and claimed that since the crime was simple battery, and was not specific to battery against a family member, it should not have triggered the firearm possession law. Hayes won the appeal, but because the language used in the provision is so subjective, consistent interpretation by judges has been difficult to obtain in rulings.
After attracting attention in last year’s D.C. v. Heller case, The Second Amendment Foundation filed a brief in the Hayes case, urging the Court to adopt the narrower interpretation and to allow states leeway in defining crimes. Tuesday’s ruling, however, narrowed the interpretation to include misdemeanor charges involving domestic violence.
The Supreme Court ruled on an expansive reading of the federal law that prohibits…
by Tactical-Life.com / Feb 25, 2009