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Lautenberg Amendment Question
Somebody axed me...I din't know the answer so I thought I'd throw it out on the board. Here is scenario:
1995 a male is convicted of misdemeanor charge of simple battery/domestic violence. Loses 2nd amendment right to own a firearm. Gets married in 2005. Now here is the question...does his new wife lose her right to own a firearm as well? As I understand it the male is not supposed to be around firearms at all, in same house, whatever. What if new wife already has a CCW? If cops bust in door, find a pistol in the nightstand that is registered in her name, does he get charged with a felony? Kind of an f'd up predicament if you axe me. |
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Good question. Just another F'd up law to further their level of control. I'd bet the spouse is perfectly legal in owning, buying, selling, and using firearms, BUT if a scenario like you described were to occur, they'd be on the hook for some serious legal fees in order to prove it. Remember innocent until proven guilty? Throw that and a bag of dogsh!t at a cop and see which one sticks...
"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of decision so branding it. No one is bound to obey an unconstitutional law and no courts are bound to enforce it." 16 Am Jur 2d, Sec 177 late 2d, Sec 256 But just try and get anyone within our legal system to see things this way. It's like pulling teeth. |
Re: Lautenberg Amendment Question
To quote a convicted felon who is in the same spot:
"As a convicted felon, I'm not allowed to own firearms. But Mrs. Liddy has several." In other words, yes she can. |
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IT WILL COST YOU A PRETTY PENNY TO PROVE IN COURT ........THAT IS IF YOU ARE NOT GUNNED DOWN WHEN THEY KICK IN YOUR DOOR AT 3AM. T |
Re: Lautenberg Amendment Question
Nice Avatar OP. Great man.
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