Supreme Court Upholds Gun Ban Based On “Reckless” Domestic Assault

Print More

The Supreme Court today upheld a federal law barring the possession of guns by people who have a state misdemeanor conviction record of a “reckless” domestic violence assault. The 6-2 ruling affirmed the convictions of two Maine men who argued that their cases were not covered by the law. Congress passed the law “to take guns out of the hands of abusers convicted under the misdemeanor assault laws then in general use in the states,” said Justice Elena Kagan for the majority. She said the law’s language “encompasses acts of force undertaken recklessly—i.e., with conscious disregard of a substantial risk of harm.”

In dissent, the somewhat unusual pair of Justices Clarence Thomas and Sonia Sotomayor said that under the decision, “a single conviction under a state assault statute for recklessly causing an injury to a family member—such as by texting while driving—can now trigger a lifetime ban on gun ownership.”

Read ruling HERE.

Click here to read more

Email this post »

Leave a Reply

Your email address will not be published. Required fields are marked *