WASHINGTON (Diya TV) – The Supreme Court ruled today in a 6-2 vote that domestic abusers who have been convicted of misdemeanors can have their gun ownership rights revoked.
In the majority opinion, written by Justice Elena Kagan, the court concludes that misdemeanor assault convictions for domestic violence are sufficient grounds to invoke a federal ban on firearms possession. The domestic abusers would have to get a criminal lawyer to help them keep their guns.
Stephen Voisine and William Armstrong, plaintiffs in the case, had both pleaded guilty in their home state of Maine to misdemeanor assault charges after slapping or shoving their romantic partners. Years after, each man was found to have firearms and ammunition in their possession in violation of a federal law affecting convicted domestic abusers.
Both Voisine and Armstrong argued that the weapons ban should not apply to them because their misdemeanor cases were for “reckless conduct” rather than intentional abuse.
Their previous appeal had been rejected by the 1st U.S. Circuit Court of Appeals, but the plaintiffs relentlessly carried the case on to the Supreme Court, which agreed to hear it. Five other justices shared the same opinion as Kagan, while Justice Clarence Thomas dissented and Justice Sonia Sotomayor dissented in part.
Similar laws regarding domestic violence and firearms ownership are on the books in 34 other states, had the Supreme Court ruled in the plaintiffs favor, the ban would have no longer applied in such cases in any state. Since guns laws differ between states meaning nevada gun laws, for example, are different to those in Florida, federal legislation will be needed to make sure this ruling is carried out throughout the country.
The case, Voisinev. United States, had attracted attention recently because of the gun battle being waged in Congress.
When argued in court on Feb. 29, the case drew initial attention because Justice Thomas asked questions during oral arguments for the first time in a decade. Thomas drew gasps from the crowd after he began asking several questions from the bench.
Thomas had asked the attorney defending the convictions of Voisine and Armstrong whether any other misdemeanor conviction could cause a defendant the loss of “a constitutional right.” The Justice has garnered a severe reputation of being a staunch defender of Second Amendment rights “to keep and bear arms.”
