On Dec 31, 2008, at 11:44 AM, Volokh, Eugene wrote:
> My recollection is that some state laws ban possession of guns by
> people convicted of nonviolent misdemeanors. Some of these may be
> within the rubric of "domestic violence," but not require any violent
> act; others apply to other misdemeanors. Can anyone refresh my
> recollection, please? Many thanks,
Under the may-issue, chief's-discretion laws of Massachusetts, gun
ownership can be denied a person for a misdemeanor, an administrative
offense, or even the chief's personal opinion that "we know he's a
bad 'un, we just haven't been able to make anything stick."
Technically there is a judicial appeal process, but judges routinely
"decline to substitute their own impressions of the complainant for
the personal knowledge and judgment of the chief who knows him best."
The story has been told of one at-risk wife in Marlborough who was
turned down for a gun ownership permit because her need didn't rise
to the level the chief felt was necessary. After she was brutalized
and spent time recovering in the hospital, she re-applied, whereupon
she was turned down by the same chief for "having a history of
domestic violence." So there are places where one can be banned for
being a *victim.*
--
Escape the Rat Race for Peace, Quiet, and Miles of Desert Beauty
Take a Sanity Break at The Bunkhouse at Liberty Haven Ranch
http://libertyhavenranch.com
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