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