WI - Gun Ruling Tests Domestic Violence Law

[Old Fashioned]

A Rock County, Wisconsin man convicted and sentenced to two years in federal prison for shooting a deer while on probation for domestic violence has had his case overturned by the 7th Circuit Court of Appeals in Chicago. Judge Diane Sykes ruled that the government must show that a law that perpetually bans a person from owning a firearm is a reasonable means toward the end of preventing domestic violence and that the government did not show that. The case was returned to the lower court and the person was released from prison. the court said that if the government adequately shows that, the conviction will be reinstated.

http://www.jsonline.com/news/wisconsin/76792412.html

[Dial 1911 for Help]

About time Lautenberg's travesty got a good review. I understand the theory that the application of it to people with convictions before its passage isn't ex post facto because the restrictions are public safety and not part of the punishment per se.

However....if it's to be that way, there should be some mechanism for reinstatement of rights (and/or review of the original conviction to see if it should even apply re: Lautenberg) if the person is demonstrably not dangerous. Plus there's the issue of the constant invention of new "felonies" and the inflation of minor issues which at one time would have been misdemeanors or infractions into minor "felonies" that can trigger this.

So supporters of this law shouldn't get away with having it both ways. They make an argument that seems plausible at first glance, then they're MIA when it comes to making sure no one not covered by the rationale they offer is affected in even the most minute way.

Same old, same old.