Battery Domestic Violence and Gun Rights

 

Battery Domestic Violence and Gun Rights

 

The Supreme Court will hear argument regarding whether a Tennessee’s misdemeanor domestic assault conviction should ban him from owning a gun.

 

In Nevada, a person convicted of a Battery Domestic Violence- a misdemeanor offense- is prohibited from owning and/or possessing a firearm. It is a crime under both Nevada and Federal law..

 

In 2001, James Castleman plead guilty to one count of misdemeanor domestic assault. Several years later, in 2009, Mr. Castleman was charged with illegal possession of a firearm by a person convicted of misdemeanor domestic violence. However, those charges were dismissed by a federal judge. Why? Because federal law prohibits possession of a firearm if a person is convicted of a misdemeanor domestic violence that involves physical force or a deadly weapon. Tennessee law, however, does not make this distinction and does not require the use of physical force in order to sustain a domestic violence conviction. Therefore, it was determined that the federal ban prohibiting gun ownership could not apply to Castleman.

 

The federal courts decision was upheld by the 6th U.S. Circuit Court of Appeals. However, for obvious reasons, the government was not happy with this decision and is working to have it overturned..

 

If you have been accused of a crime make sure you speak with an experienced criminal defense attorney before taking any actions or speaking to anyone, even on social media, regarding the circumstances of your charges or potential charges.

If you need an experienced lawyer to represent you in a family law, criminal case or civil matter, please contact Bellon & Maningo in Las Vegas, Nevada. Contact Us today at 702-452-6299 or e-mail the firm to arrange a consultation and case evaluation.