#3 - Persons subject to a PERMANENT domestic violence protection order cannot possess firearms until the order expiresHere's where I'm coming from:
* The ONLY permanent protection order this restriction applies to is one for domestic violence and NOTHING else.
* The subject of the protection order must have had his day in court along with any legal counsel. Temporary protection orders do NOT affect possession of firearms.
* If the judge, after hearing the defense, decides to issue a permanent protection order anyhow, the subject of the protection order will lose his gun rights for the duration of the order (MAXIMUM of two years), and automatically get those gun rights back when the permanent protection order expires. Note: a new permanent protection order could potentially be issued when the perament protection order expires if the judge thinks a danger still exists.
* The subject of the permanent protection order will have 24 hours to turn his guns over to a person of his choice, as long as that person can legally possess firearms.
* The above is basically federal law already, and state law already prohibits a person with such a permanent protection order from purchasing or transporting a firearm. [More]
Has the person been convicted of a crime? Did he have a jury trial where he was proven guilty beyond a reasonable doubt?
That's all that matters to me.
Along with an undeniable truth.
[Via several of you]
1 comment:
Wait, it gets worse.
https://www.washingtonpost.com/local/virginia-politics/va-gun-safety-activists-feel-betrayed-by-mcauliffes-gift-to-the-gun-lobby/2016/01/29/72603778-c6a2-11e5-a4aa-f25866ba0dc6_story.html
[SNIP]
[Red ]Herring was conspicuously absent from a bipartisan event heralding the deal. The governor’s office told him that it was in the works about a week ago and kept him updated on negotiations, but Herring was not involved, his spokesman Michael Kelly said.
But the deal nearly fell apart early Friday morning after a senior Republican said on a radio program that the agreement was “a huge expansion of gun rights.”
...
McAuliffe and his secretary of public safety, furious because negotiators had agreed to portray the deal as a win for all sides, told Republicans Friday morning that the deal was off, according to two people close to the negotiations, who spoke on the condition of anonymity because of the sensitivity of the matter.
The deal came back together hours later after each side coughed up one more concession. The gun rights side agreed to raise the penalty for possession of a gun by someone subject to a two-year protective order, upping it from a misdemeanor to a FELONY.
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Gun rights supporters were apparently set up. Now there is a FELONY upgrade.
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