Friday, March 27, 2009

Supreme Court says No to Gun Ownership after a Domestic Violence conviction

The United States Supreme Court recently said if you are convicted of a crime involving domestic violence you can't own a gun.

Here's the short version of their opinion:

Mr. Hayes had been convicted in 1994 of hitting his wife.

Then, in 2004, the police responded to a 911 call reporting domestic violence at Mr. Hayes house. When the police got to Mr. Hayes' house, they asked him if they could come in and search his house (they probably just said they wanted to take a look around, but it comes out to be the same thing). Mr. Hayes - who didn't think there was anything in his house that would cause him any problems with the police - consented to the police searching his house.

In the course of their search, the police found a rifle and several other firearms. They arrested Mr. Hayes and charged him with a violation of the federal statute that says felons cannot possess firearms. Mr. Hayes was convicted. The United States Supreme Court said the conviction stands. Mr. Hayes got five hard years in a federal prison.

The reasoning of the Supreme Court is that it is too dangerous for someone who has been convicted of a crime against a family member to own any gun. And if they do, they are guilty of the same crime as felon in possession.

Here's a link to the full opinion.