Mixed Reaction To Loss Of Gun Rights For Domestic Violence Offenders

[The Legion]

http://www.localmemphis.com/news/local-news/mixed-reaction-to-loss-of-gun-rights-for-domestic-violence-offenders

MEMPHIS, TN

 

The national fight over gun control has made its' way to the Mid-South.

Today, in wake of the new gun control bills failing to pass in Washington, a diverse panel in Memphis led by Congressman Steve Cohen outlined ideas to reduce gun violence across America and in the Mid-South.

But the debate always come back to the same question. How do we protect people from guns and not violate citizen’s constitutional rights?

Just this week the U.S. Supreme Court weighed in on the issue of gun bans for anyone convicted of domestic violence.

A misdemeanor domestic violence charge, whether or not you ever commit another crime, means you will never be able to legally own a gun.

Some say that goes a too far while others say that's the least we should do.

It's the stories that shocked the Mid-South. A woman shot multiple times outside of a Target by her ex-boyfriend in 2014. A woman gunned down at a Memphis daycare, allegedly by her husband who then turned the gun on himself.

So when the Supreme Court upheld a long standing lifelong federal ban of guns for anyone convicted of a domestic violence charge, at least one advocate's reaction was, "Thank goodness. Thank goodness."

Deborah Clubb, with the Memphis Area Women's Council, says Memphis has a serious domestic violence problem and the numbers back her up.

According to a TBI report, in the past three years, there's been a 6.5% increase statewide in the number of homicides by domestic violence. Guns are often used.

"That's the least that we as a culture can be able to do. Keep that out of his or her hands so we can at least stop the chances of an easy killing," said Clubb.

"I do think it's important when you're talking about a constitutional right that you don't deprive people of them too quickly."

Local attorney Jonathan Skrmetti says he knows domestic violence can quickly escalate to something more serious. But a misdemeanor charge can include hitting someone or throwing a plate and unintentionally injuring someone. Is that worth losing a constitutional right?

"The biggest issue here is it's a lifelong ban, so if you're in a situation, and when you're younger and you do something bad, I mean, it could be something stupid or something evil, you're a different person 50 years later,” said Skrmetti.

Clubb says Tennessee has even stricter domestic violence laws. Even if you have an order of protection against you, you're not supposed to have a gun. But she says the real problem is no one seems to be really enforcing it.

[DaveTN]

I was a Police Officer when the “domestic violence” laws came into play. Prior to that it either assault (words) or battery (physical) and the Officer had discretion as we had in all misdemeanors.

The women’s groups that got these laws passed claimed the cops weren’t doing their job and because of that women were continually being abused. Nothing could be farther from the truth.

Any Police Officer will tell you that most people (men or women) are not prepared to leave a relationship because of a fight and never return. Many refuse to make a complaint and refuse to testify in court. The states in all their wisdom decided they wouldn’t require the victim to make a complaint; they would be the complainant.

It was one of the stupidest things I had ever seen done in law enforcement. I can’t put a number on how many people I arrested on DV but it was a lot. Our hands were tied. There is nothing just or fair about it. And once you have been accused of it you will be treated like a leper; guilty or not.

Some cops get tired on enforcing an unjust law that doesn’t work. Then they get the blame for it.

Now don’t get me wrong; I have no qualms whatsoever about arresting a person that assaults anyone (family member or not should not matter). But it should be like other laws and require someone to make a complaint. Those who want help would get it from any Police Officer I ever met.

My point? Know that if the Police are called to your home on a domestic violence call there is a high probability someone will be going to jail. Also, the cops are not social workers; they are not the people you call to fix your family problems. The probable cause required for an arrest for DV is very low; it’s right there with disorderly conduct. However, the lifelong ramifications are much greater.

[peejman]

Why not upgrade DV or make it upgradable to a felony?  

[E4 No More]

I was a cop in Missouri when they passed their DV law. It gave LEO's the authority to charge the "Primary Aggressor" without complaint. The DA refused to enforce it.

I have to admit that I had mixed feelings about it. On one hand I had a case where a guy beat his girlfriend so badly that you couldn't recognize her for "kicking him in her sleep." Not only was she beaten but she was also chased out of her home into negative 18 degree temperatures wearing nothing but a pair of panties. Fortunately, an old couple gave her refuge in the early morning hours and called the police. The guy was out of jail on Monday because she was too afraid to cooperate with the prosecutor. On the other hand it violates the principles which drove me to be a good cop.

[mikegideon]

1 hour ago, SWJewellTN said:

I was a cop in Missouri when they passed their DV law. It gave LEO's the authority to charge the "Primary Aggressor" without complaint. The DA refused to enforce it.

I have to admit that I had mixed feelings about it. On one hand I had a case where a guy beat his girlfriend so badly that you couldn't recognize her for "kicking him in her sleep." Not only was she beaten but she was also chased out of her home into negative 18 degree temperatures wearing nothing but a pair of panties. Fortunately, an old couple gave her refuge in the early morning hours and called the police. The guy was out of jail on Monday because she was too afraid to cooperate with the prosecutor. On the other hand it violates the principles which drove me to be a good cop.

There's another one you should have just shook like a rag doll. They should have never outlawed kicking somebody's ass when they really deserve it.

[E4 No More]

1 minute ago, mikegideon said:

There's another one you should have just shook like a rag doll. They should have never outlawed kicking somebody's ass when they really deserve it.

Trust me; I struggled. The Chief of Police was working off-duty security nearby and came to assist. He kept telling me to calm down as we got permission from her to force entry into her mobile home. We kicked in the door, (actually, you use your butt on a mobile home door), and I dragged him out of bed while begging him repeatedly to resist. I wanted to make his face worse than what he did to his girlfriend. I have no tolerance for abusers of women/children. 

[DWARREN123]

Can be a two way street. Some deserved to be jailed while some are just some one is mad and wants something done.

If your relationship contains violence then call the cops and get out, don't go back like a idiot!

[E4 No More]

BTW: I've seen cases where the woman beat the man. Not as common, but there are men out there that will not strike a woman who's beating them.

[Volphin]

When I went through a divorce many years ago, the soon to be ex would do everything in her power to start something and did actually hit me.  I was brought up to never hit a child or woman, so I did not retaliate, even though my back is still not the same today.  That is what she wanted, and I wasn't about to give her the satisfaction.  I simply left the house for a few hours and came back when she had finished her tantrum.  Go ahead, ask a cop if there are any resources for men being abused.  There are none.  As a man, you just have to take it, because you are not a protected class.

[Pain103]

 I'm all for helping a victim of domestic violence but the truth is most of the people either abuse it as a ghetto eviction, refuse to leave the relationship, or even fail to follow up with the courts on prosecution. You come to Davidson County General Sessions court on Wednesdays and see the DV courtrooms you will watch hundreds of people have cases dismissed because the "victims" tell the DA the don't want to prosecute and mainly they just don't show up on a subpoena. The court just dismisses it failure to prosecute. We waste millions a year on this.

[Pain103]

8 hours ago, peejman said:

Why not upgrade DV or make it upgradable to a felony?  

 There is a felony domestic assault. Basically it is same as aggravated assault but due to the domestic relationship it classifies it as Aggravated Assault domestic.

 

Look at the laws regarding relationships that qualify as domestic assault. Ex roommates are forever considered domestic. Hooked up with a young lady or guy one night forever is domestic assault. I've seen people trying to get teenage siblings that got in a fight arrested for domestic there has to be a line.

[mikegideon]

When one of your baby mamas sells all your meth and keeps the money, she needs her ass beat. Know what I'm sayin'?