West Virginia Gun Case Goes to U.S. Supreme Court

[ericire12]

http://www.wsaz.com/news/headlines/18437644.html

Charleston, W.Va. (WSAZ) - A West Virginia case involving gun rights is on its way to the United States Supreme Court.

In 1994: Randy Hayes of Marion County pleaded guilty under state law to a misdemeanor battery offense against his ex-wife. In 1996: it became a federal law that you can't own a gun if you're convicted of a domestic violence misdemeanor.

Then in 2004: police say they found a Winchester rifle at Hayes' home.

The government argues that because of his guilty plea to misdemeanor battery Hayes is not allowed to own a gun. But Hayes and his lawyer disagree. They say it's not fair to apply a law that was passed in 1996 to an offense that happened in 1994. They also say Hayes plead guilty to a state misdemeanor battery charge, which is different from a federal domestic violence misdemeanor.

The case is expected to go before the Court sometime this fall. Whatever the Court decides could influence gun laws and whether the government is allowed to enforce new laws on past cases all over the country.

[DDMac]

NO misdemeanor conviction should be legal justification for a lifetime loss of a Constitutional Right. Temporary restraining orders must be enforced, with emphasis on FORCE, and, in being complied with, are sufficient to ensure domestic safety without inflicting punishment that far exceeds the crime.
Justice Mac ruling.