Home  > For Everyone  > Criminal Law  > Gun Control  > Domestic Violence Gun Ban Deemed Constitutional 

Domestic Violence Gun Ban Deemed Constitutional

Written by Jamie Simpson, LawServer Attorney-Editor   
Last Updated December 8, 2008

The Wisconsin Law Journal reports that the U.S. District Court has determined the federal statute banning possession of firearms by those who face a domestic violence injunction does not violate Second Amendment rights. The original case involved Kenneth Luedtke, who believed charges against him for violating the ban should be dismissed on grounds of violating his right to bear arms. Judge Lynn Adelman denied the motion.

According to Wisconsin law, domestic abuse injunctions require reasonable belief that the subject has or may in the future engage in domestic abusive acts. When the injunction is placed, the court is required to notify the person that he or she may not possess a firearm.

Defense attorneys are given plenty of room to argue the statute, as the person subject to the injunction does not need to even engage in domestic violence. Though a person may forfeit his Second Amendment rights by committing and being convicted of a crime, these injunctions are based on predictions of what may occur. 

Comments (0)add comment

Post a comment or question below.
smaller | bigger

busy
 
Email  Email Print  Print   Digg

The Dickerson & Smith Law Group
Virgina Beach, VA Full service law firm

115 S. Lynnhaven Road, Suite 100
Virginia Beach, Virginia 23452
Practice Areas: Criminal Law
www.daviddickerson.com/
The Dickerson & Smith Law Group

115 S. Lynnhaven Road, Suite 100
Virginia Beach, Virginia 23452
Practice Areas: Criminal Law
www.daviddickerson.com/
Gabriel & Associates, PC
Virgina Beach, VA Family law attorneys

5226 Indian River Road, Suite 100
Virginia Beach, Virginia 23464
Practice Areas: Criminal Law
www.gabriellawyers.com/
monotone-frail