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January 6, 2020, 05:31 PM | #1 | |
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Feds Charge Domestic Violence Abusers Who Own Guns
The federal prosecutor for the western district of Oklahoma has teamed up with local and state law enforcement in charging those subject to orders of protection who own firearms with federal crimes: Think ten years or more.
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January 6, 2020, 06:26 PM | #2 |
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They should have named it "Operation Doing The Job We We're Supposed To Have Been Doing For Decades"
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January 6, 2020, 10:17 PM | #3 |
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Except, the fact that a woman could lie, just to get even with "the old man" and he instantly looses his gun rights. It's happened, more than once in Illinois.
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January 6, 2020, 10:55 PM | #4 | ||
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I feel sorry for any innocent men (or women) who might get Hoovered up in this but, overall, I can't legitimately object to a U.S. attorney prosecuting people who break the law.
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January 7, 2020, 03:07 AM | #5 | |
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The Lautenberg Amendment to the Gun Control Act of 1968, effective 30 September 1996, makes it a felony for those convicted of misdemeanor crimes of domestic violence to ship, transport, possess, or receive firearms or ammunition.
Note this, CONVICTED. That's not what the op is talking about. A protection order is NOT a conviction. Quote:
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January 7, 2020, 08:12 AM | #6 |
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It’s a violation of 18 U.S.C. § 922(g) which includes as a prohibited person someone who is “subject to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and [...] includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or [...] by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury“
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January 7, 2020, 08:13 AM | #7 | |
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January 7, 2020, 08:36 AM | #8 | |||||
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If the person in question were already the subject of a protective order when an arm was transferred to him, that would seem to be a 922(G) violation. If he possessed "one in or affecting commerce" and subject to such an order, that would also appear to be a violation. If the transfer were prior to the order, the possession arguably should not affect commerce (since the now prohibited person wouldn't legally be buying a replacement), and not fall within the federal prohibition. The scope of Operation 922 looks modest. It involves a federal prosecutor riding local prosecutor's coattails were a state order has been violated. It isn't very many people charged, and the US Attorney's release doesn't detail how many charges involved firearms, but we know it was fewer than 50.
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January 7, 2020, 09:12 AM | #9 | |
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January 7, 2020, 09:39 AM | #10 |
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It's nothing like a red flag gun law.
This guy, while under a protective order, lied on the form 4473, bought two guns and proceeded to threaten his ex wife with same. He got ten years. https://www.kswo.com/2019/12/18/dunc...tective-order/ It's a federal law enforcement project called Safe Neighborhoods: https://www.justice.gov/usao-wdok/pr...vitalized-2018 Last edited by thallub; January 7, 2020 at 09:44 AM. |
January 7, 2020, 09:44 AM | #11 |
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As Aquila Blanca said, we constantly complain that prosecutors don't enforce the existing law.
Let's not complain when they actually do EXACTLY WHAT WE HAVE BEEN DEMANDING THAT THEY DO.
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January 7, 2020, 10:17 AM | #12 | |
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The guy at my link above lied in the 4473 and bought two firearms. Question: Why was he able to buy firearms? Answer: Some one in Oklahoma failed to report him to NICS. |
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January 7, 2020, 11:41 PM | #13 | |
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If a guy is under a protection order (guess they don't call them restraining orders anymore??) which prohibits him from buying a gun, and he then lies on the 4473 to buy a gun, and then goes and threatens someone, that's multiple violations of law, both state and Federal. and hell yes they should be prosecuted to the fullest possible extent. What I don't get is why they feel a need to brag about just doing their jobs....
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January 8, 2020, 09:18 AM | #14 | |
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See page 4a of today's Lawton Constitution. https://www.swoknews.com/eedition/pa...8fb355047.html |
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January 8, 2020, 09:30 AM | #15 | |
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January 8, 2020, 12:57 PM | #16 | |
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(intentional sarcasm) Conviction of MISDEMEANOR domestic violence makes you a prohibited person under the Federal Lautenberg law. Loss of gun rights, for life. Do bad things, face bad consequences. That is a God given right. or Karma, which ever way you go...
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January 9, 2020, 07:32 PM | #17 | |
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See http://www.crimeandconsequences.com/...scan-2762.html |
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January 9, 2020, 11:17 PM | #18 | |
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