Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

October-03-13

Supreme Court To Consider Scope of Domestic Violence Gun Ban

The US Supreme Court decided on Tuesday to consider the scope of a federal law that bans people who have been convicted of domestic violence from owning a gun.

In 2001, James Castleman pled guilty in Tennessee state court to misdemeanor domestic assault against the mother of his child and was sentenced to supervised probation for 11 months and 29 days. Then, in 2008, law enforcement agents found that Castleman and his wife were purchasing firearms from gun dealers and selling them on the black market. Castleman was subsequently charged in federal court with possession of a firearm by a person convicted of a "misdemeanor crime of domestic violence" and with making false statements to a federally licensed firearm dealer.

Castleman moved to dismiss the federal charges, arguing that his domestic assault conviction was not a "misdemeanor crime of domestic violence" as defined in the federal law because his state court conviction did not establish that Castleman had used physical force against the victim. A lower court and court of appeals agreed and threw out the indictment. The United States petitioned the Supreme Court for review.

The Supreme Court will now decide when the federal law banning gun ownership will apply to individuals convicted of domestic violence crimes. The Obama administration argues that if the Court upholds the lower court decisions, it will invalidate the federal domestic violence gun prohibition. The administration also argues that any assault that results in bodily injury includes some degree of physical force.

Oral arguments in United States v. Castleman have not yet been scheduled.

Media Resources: The Supreme Court of the United States


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

10/23/2014 All of Tennessee's Major Newspapers Have Urged Voters to Reject Anti-Abortion Amendment 1 - All four of Tennessee's major papers have spoken out to oppose Amendment 1, a dangerous anti-abortion measure that will be decided by voters this fall. . . .
 
10/23/2014 Instead of Returning Kidnapped Nigerian Schoolgirls Boko Haram Reportedly Abducted More Women and Girls - Despite Nigerian military officials announcement last week that they had negotiated with militant group Boko Haram for the release of more than 200 schoolgirls who were kidnapped in April, it appears the girls have not be brought home - and residents say more women and girls have been kidnapped since. Last week, in a deal brokered in neighboring country Chad, a ceasefire agreement was supposedly made between Boko Haram and Nigerian military officials. . . .
 
10/23/2014 Ferguson October Continues With National Day of Action Against Police Brutality and Mass Incarceration - Activists organized actions nationwide yesterday to protest police brutality in cities across the country as part of ongoing Ferguson October events, while outrage grows in Missouri over the the grand jury proceeding on whether Ferguson police officer Darren Wilson should face criminal charges in the shooting death of unarmed African-American teenager Michael Brown. As part of the National Day of Protest to Stop Police Brutality and Mass Incarceration, on-the-ground organizers in Ferguson, Missouri and St. . . .