Saturday, March 29, 2014

Castleman ruling angle

So SCOTUS ruled that the Lautenberg Amendment is constitutional.  Ok.

Little detail about those 'prohibitted person' clauses from the Gun Control Act of 1968.  There are exceptions for Cops in there.  For most everything but the Lautenberg domestic violence part.  So, for a cop, it is better to murder their spouse and then still get to tote a firearm, than to poke their spouse in the collarbone for burning the roast.  After convictions or restraining order is adjudicated, of course.

"Under the federal law governing possession of firearms by police or military while on duty (18 U.S.C. § 925(a)(1)), an officer under a current protection order, or even one who has a conviction for murdering a spouse, may legally be in possession of a service firearm, but a person convicted of one of the misdemeanor violations listed in the Lautenberg Amendment (18 U.S.C. § 922(g)(9)) is prohibited from possessing any firearms or ammunition at any time under any circumstances.

As a result, a number of police officers and military personnel have been dismissed as a result of domestic violence crimes, some of which were committed before the law was passed. This is not due to the letter of the law, but is a side effect of their loss of access to the firearms needed to carry out their duties."

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