Justice Thomas asks questions in court, 1st time in 10 years - Kimber Forum

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Old 02-29-2016, 04:37 PM   #1
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Justice Thomas asks questions in court, 1st time in 10 years

Justice Thomas asks questions in court, 1st time in 10 years
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Old 02-29-2016, 06:32 PM   #2
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He seemed to be leaning towards exempting domestic violence convictions from gun licensing restrictions because they could be a misdemeanor offense.
My personal opinion would be that if one exhibits a marked propensity towards unlawfull physical violence ( domestic or otherwise ) they should be on the list of those who should not own firearms.
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Old 02-29-2016, 06:54 PM   #3
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Originally Posted by Trex View Post
He seemed to be leaning towards exempting domestic violence convictions from gun licensing restrictions because they could be a misdemeanor offense.
My personal opinion would be that if one exhibits a marked propensity towards unlawfull physical violence ( domestic or otherwise ) they should be on the list of those who should not own firearms.
Or at least be in a 5 year therapy program, then apply for eligibility.
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Old 02-29-2016, 09:05 PM   #4
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The term Domestic Violence raises images of physical acts of violence. But the issue is that the Lautenberg Act did not articulate acts and just coined the phrase domestic violence. DV offenses vary state to state in whether the offense is a misdemeanor or felony (some can be either) and what offenses can be classed as a DV offense and why.

In AZ the DV code has seen some changes over the years. Offenses that are already criminal acts become DV classified due to the relationship of the parties. We all get the wife/husband, in laws and kids things. But in recent years it covers parties that have ever had a sexual relationship or shared a residence...for the balance of their lives.

So a one night stand or college dorm room mate you see years from now and have a public argument no is a DV offense.

Yes, a public argument. Or an argument in your own home that is loud enough for a nosy neighbor to call the police. Disorderly conduct (disturbing the peace) is just one of several non contact, non violent "domestic violence" offenses in AZ. These and most others are misdemeanors.

Example: Wife drives into driveway after a bad day and finds you drinking beer with friends instead of mowing the lawn. She starts yelling, you yell back and this argument continues for a few minutes and a neighbor call the police as it disturbed her peace. You and wife go in house and things are quiet when cops arrive.

Both could be arrested for DV/Disorderly conduct. The neighbor is not the victim. The State is due to its "impending interest".

Under Lautenburg, there goes the right to own a gun.

More liberal "feel good" laws with little deep thought on how it should be applied or assessing the varying laws of the states and how it now must be applied under the federal law.
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Old 02-29-2016, 10:14 PM   #5
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I agree with Trex and Insta-gator as long as there was a conviction for DV and not just an arrest record. Here in CA. they can deny you firearms if you have had a restraining order placed on you.
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Old 03-01-2016, 04:21 AM   #6
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"feel good" = "common sense"??
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Old 03-01-2016, 08:40 AM   #7
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Originally Posted by OLE442 View Post
"feel good" = "common sense"??
No. I am all for stopping the violence of it but like my example most DV cases under AZ law do not involve an act of violence. Nor does it require the so called victim to aid in prosecution. There is no des descretion on officer action under the law. And if one party says at the time of an arrest, even a non violent one, that the guns in the house scare them, then the law calls for their seizure without warrant or cause for evidence for "safekeeping".

I could go on but suffice to say I have enforced these laws for 30 years and they leave much to be desired and could use some work with input of those that must do the work.
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