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Old March 31, 2013, 10:25 PM   #15
therealdeal
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Join Date: September 15, 2010
Posts: 627
Quote:
The only thing in the official record will be a conviction for simple assault. How are the details of who the victim was and the relationship between the assailant and the victim going to find their way into the record so that the person can be declared a prohibited person? None of the elements of the offense for which the person was convicted are covered by the portion of 18 U.S.C you referenced.
this is a good point and was part of the debate mentioned in the original post.

one debater was a cop saying if he pulled someone over, he sees simple assault. bang done deal. yeah he could call for police reports, yadayadayada but why would someone. I don't know...I got lost in the sauce listening to the debate. someone else said this stiff wasn't even enforced until post9/11 but really I mean it is a scary law but I would assume tons fall thru the cracks. then of course if something happens they are royally screwed even if they claim being stupid(or actually to be honest are clueless on this ridiculous law).

not only that I was under the impression this 18 cited above isnt rock solid but open to litigation and state by state and is broad. therefore most states consider the person A OK(but technically federal trumps state so they aren't). I would love to get a lawyer's input on this. I cant think of anyone that begins to enforce this except of course inhouse LEOs when it pops up case by case. is this law going to be overturned AL? I know in 2010 it was successfully challenged but squeaked by (STOLKIEN the hunter said it was agnst his 2a rights)
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