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Old April 7, 2011, 04:27 PM   #7
FrankenMauser
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Join Date: August 25, 2008
Location: 1B ID
Posts: 6,979
Quote:
I am surprised at how little interest there is in this case. I believe it should be well funded as it is important for the 1st,2nd,5th, and 10th amendments. This could be far reaching.
I think there is a lot of unvoiced interest here. Several discussion on TFL have brought up friends/family/spouses/children of members, that are stuck in limbo, right now. With old convictions, or even just charges, there are many people that are wondering exactly what their firearms future holds.

Those people that are not currently interested, really should be. Most people don't understand that 99% of domestic violence charges are not brought on by the 'victim', but the court system itself - and that there are many "unconventional" ways to get charged (and convicted). If this issue is not addressed, it could very easily have a far-reaching affect on gun (and other) rights, as a whole.

My personal interest in this issue comes from my younger brother.
There is a lot of background I won't cover, but it all boils down to a quick explanation:
My younger brother's girlfriend brought their two little girls over to visit, at his house. She became upset, took his truck keys (his only mode of transportation) and cell phone, put the girls in the car, and tried to leave. He stood in front of the car, and demanded he be allowed to tell his girls goodbye, and that his keys and phone be given back. She refused, put the car in gear, and tried to drive over him. As he was moving out of the way, he pushed off of the windshield with one hand, as his body was rolling over the front fender... and made the mistake of yelling, "I'll kill you, you <expletive>". He hit the ground, and she never stopped - just kept driving.

She returned with sheriff's deputies about an hour later. Even though there were three witnesses that verified she ran into him with the car, as the first act of aggression from either party; he was ultimately charged with 8 counts of domestic violence: One charge of a "Domestic Terroristic Threat", for "I'll kill you". One charge of domestic violence, for "hitting" the windshield, after blocking her exit from the property. Four charges of "Domestic Violence in the Presence of a Minor"; one for each of the previous charges, for each child. Two charges of domestic violence, for swearing in the presence of a minor.

The primary charges and 'swearing in the presence' charges were dropped, when a judge ruled that blocking her exit from the property was not enough to warrant her response (hitting him with the car). However, the "-in the Presence of a Minor" charges resulted in conviction later on (even though the judge decided they were baseless!), and simply being charged with the "Terroristic Threat" is enough to revoke his firearm rights, permanently (according to current Federal Interpretations).

A few months down the road, he won an appeal to have the "-in the Presence of a Minor" convictions expunged. Yet, he still can't so much as touch a firearm, because of a charge that was ruled to be baseless - the "Terroristic Threat".


The majority of people in the U.S. just don't understand how easy it is to be charged with domestic violence (my brother's experience aside), and how much simply being charged can change your life. A conviction is bad, but just being charged can be life-altering.

Another problem with the "awareness level", is that many of the people dealing with this problem are not actively participating in firearms activities (obviously ). With their opinions, experiences, and views not being injected into discussions on boards like TFL, many people just aren't aware of the issues at stake, and the reasons to care about this issue.
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