Thousands convicted of a misdemeanor for threatening or assaulting a spouse or girlfriend could once again own guns because of a flaw in the federal law.
That prospect grew more likely Monday after the Supreme Court gave a skeptical hearing to a government lawyer who argued that a crime of domestic violence should result in a loss of gun rights...
Congress in 1996 sought to strengthen the laws against domestic violence. Before, only persons convicted of violent felonies in such situations lost their rights to own a gun. Going a step further, lawmakers adopted an amendment to take away gun rights for those who had a "misdemeanor crime of domestic violence" on their records....
But last year, the U.S. 4th Circuit Court of Appeals in Virginia cast doubt on the law's reach. Its judges decided the federal gun ban did not cover misdemeanor convictions involving assault or battery at home. Instead, it said the federal ban applied only to those convicted under a state's domestic violence law....
Scalia wrote the 5-4 opinion in June which held for the first time that the 2nd Amendment protects an individual's right to have a gun. He said then that the decision did not shield criminals who committed serious crimes with a gun.
But during Monday's argument, Scalia said possessing a gun was "lawful conduct," and a wife-beating charge lodged against a West Virginia man was "not that serious an offense."
http://www.latimes.com/news/nationworld/nation/la-na-scotus11-2008nov11,0,2414660.story?track=rssYep, wife-beating is just havin' a bit of fun...wonder if judge-beating is OK too? :mad: