This was an issue which I raised and briefed in U.S. v. Emerson, and which 
the Fifth Circuit brushed aside.

Best regards,

Aaron Clements

----- Original Message ----- 
From: "C. D. Tavares" <[email protected]>
To: "Firearmsregprof" <[email protected]>
Sent: Friday, March 06, 2009 11:35 AM
Subject: US v Hayes -- how narrow?


> As I read this (and perhaps simplifying it a bit overly), the Supreme
> Court ruled only that a federal law aimed at "domestic violence"
> offenders applies to violent offenses against state laws that do not
> necessarily contain the words "domestic violence," as long as they
> were against a "domestic" victim.
>
> It appears to me that there has yet been no ruling, plus or minus, on
> whether a fundamental constitutional right can be denied in response
> to a misdemeanor crime -- presumably because Hayes did not raise this
> argument.  Is this accurate?  Have others made this argument
> previously, pre- or post-Heller?  If pre, would Heller destroy any of
> the assumptions that resulted in that earlier decision?
> --
>        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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