Monday, January 06, 2014

NEW CASE LAW ON DOMESTIC VIOLENCE AND GUNS.

As gun lawyers, Barney DeBrosse, LLC closely monitors court cases that affect firearm rights and firearm disabilities. There is a case before the United States Supreme Court that is critically important for individuals who have lost their firearm rights due to a conviction for a misdemeanor crime of domestic violence (“MCDV”). On January 15, 2014, the Court will hear arguments in United States v. Castleman, on appeal from the United States Sixth Circuit Court of Appeals. The Castleman case will clarify which state convictions can create a federal firearm disability under 18 U.S.C. § 922(g)(9). Under federal law, certain state convictions qualify as MCDVs. For a state law conviction to be disqualifying, it must: 1) be a misdemeanor under state law, 2) “ha[ve], as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon,” and 3) be committed against one of the statutorily defined family members. Furthermore, federal law does not look at the individual facts behind the conviction to determine whether it is disqualifying. Courts look only to the language of the statute, and determine whether every individual convicted of the offense meets the federal threshold for an MCDV. A specific state statute creates a disability only if every conviction under that statue would qualify as an MCDV. The question before the Supreme Court is what degree of physical force must a statute require in order for the statute to create an MCDV disability. Castleman was convicted in 2001 of violating a Tennessee law for committing a domestic assault. He argued, and the Sixth Circuit Court of Appeals agreed, that 18 U.S.C. § 922(g)(9) requires the use of strong or violent physical force for a domestic violence conviction to create a firearm disability. The government appealed to the Supreme Court, arguing that 18 U.S.C. § 922(g)(9) only requires a simple assault, e.g. any unwanted physical contact. Because of similarities between Tennessee’s domestic assault law and Ohio’s domestic violence law, if the Supreme Court rules in Castleman’s favor it could mean that there are no convictions under Ohio law which create an MCDV disability. As gun lawyers, we use our understanding of state and federal firearm law to help our clients regain their firearm rights. When our lawyers meet with clients who have a conviction under Ohio Revised Code 2919.25 for domestic violence, we sit down and analyze whether 1) the conviction would qualify as an MCDV disability under the current law, and 2) what their options will be after Castleman is decided. Unlike many felonies, most MCDV convictions in Ohio create a permanent, lifetime firearm disability. Castleman has the potential to undo the lifetime firearm disability that affects many otherwise law-abiding citizens in Ohio. If you or someone you know was arrested for or convicted of Ohio Revised Code 2919.25 domestic violence, contact Barney DeBrosse, LLC today for an analysis of your individual situation.

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