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Senators to make it illegal for domestic violence offenders to get guns

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  • Senators to make it illegal for domestic violence offenders to get guns

    "Senators Flake and Heinrich are working to ensure any individual convicted of domestic violence -- whether it is in criminal or military court -- cannot legally purchase a firearm," a source close to Flake told CNN.
    Should someone tell him there's already a law?
    Wait... Pres. Trump mentioned it:
    "Incredibly proactive considering that law has been on the books since the mid 90s,"
    Should someone tell him that not all STATES report offenders to NCIS.

    "It's quite clear it's because they don't classify domestic assault as you do in state court. They only have a classification for assault, that's a broader classification. I think it's quite clear that they simply weren't sending those assault records through to the NICS," Flake said.

    The senators said they found only one instance of the military reporting a domestic assault charge into the national background check system.
    My standing offer for people's "old" MRE's, $1 each for dark brown bags. $12/case $2 each for the sand tan bags (newer). $24/case
    MAYBE, if they are 2010 and newer, I give you $2.50 each....... generosity.50 cents each for loose heaters. Where's those highlight video links mjkeat???????

  • #2
    Legislators at all levels, from city hall, county commissions through state and Congress NEVER actually research the present laws before they submit "new" legislation to solve a problem that is often created by the laws that are already in effect.
    Voters keep electing people because of their hair style, family name or other silly reason.

    Voters seem to be unhappy now because Congress has not passed the legislative changes that the 2016 election "promised." But rather than being angry with the 3% that are the RINOS and the 25% that are the schumers and pelosis, voters will react by attacking the 97% who are trying to do what they were elected to do.

    The people think the Constitution protects their rights; But government sees it as an obstacle to be overcome.
    If your religion says suicide and murder are wrong; Aren't you doing both if you are not prepared to defend your life and the lives of others?
    I am not a lawyer, but I have personal opinions.

    Comment


    • #3
      Maybe now that Congress is giving 125%, something will get done.

      DV is interesting, charges are sooo subject in to discretion of who is on scene, and a patchwork of laws. Kansas went once domestic always domestic. Live with a girl three months when you’re 19, 60 years later smack her with your cane for cutting you of from the day old bananas at Dillons, DV.
      Originally posted by kscardsfan
      Grain of salt hell, I'm taking it with a salt block from the feed store. Thats a big bunch of crap there.
      Originally posted by zap
      Winning a political debate on this forum is like winning the special Olympics....you would need to be a retard to enter it.

      Comment


      • #4
        DV becomes a crime when the police get involved. Lautenburg wrote the law to ban as many people as possible, retro-active to the day you were born.
        If brothers and sister fight and the parents handle the matter there is no DV. If brothers get into a fist fight over the last Popsicle in the freezer there is no DV.
        But if the brother punch each other at a public park over the last bottle of Bud and the police are called by anybody DV will apply. Some police departments/state laws REQUIRE that arrests are made and DV is charged.
        Obviously some dv isn't and some DV is done by a dangerous mental case and there should be prison and a ban.

        Of course banning "prohibited persons" does not stop them from having weapons it just makes it a punishable crime. The prohibited person can't shoot a burglar or go hunting with a gun. But the prohibited can get a crossbow or sword.

        If murder is their intent, they won't be stopped by a law. They will get a gun in a back alley or use a few gallons of gasoline or just use a car or chainsaw.

        So people need to always be armed because the killers get to pick the time and place and make te first move.
        The people think the Constitution protects their rights; But government sees it as an obstacle to be overcome.
        If your religion says suicide and murder are wrong; Aren't you doing both if you are not prepared to defend your life and the lives of others?
        I am not a lawyer, but I have personal opinions.

        Comment


        • #5
          DV isn’t a standard, just too many variables. Why is anyone a special class? Do we have higher mandatory charging if a man mugs a woman rather than a man? Hell, why is killing some groups of people a Capital crime, and others not? Hate crime? An arbitrary charge with enhanced penalties. Why is anyone more special under the law?
          Originally posted by kscardsfan
          Grain of salt hell, I'm taking it with a salt block from the feed store. Thats a big bunch of crap there.
          Originally posted by zap
          Winning a political debate on this forum is like winning the special Olympics....you would need to be a retard to enter it.

          Comment


          • #6
            Originally posted by Not so big Tom View Post
            DV isn’t a standard, just too many variables. Why is anyone a special class? Do we have higher mandatory charging if a man mugs a woman rather than a man? Hell, why is killing some groups of people a Capital crime, and others not? Hate crime? An arbitrary charge with enhanced penalties. Why is anyone more special under the law?
            Some judge, maybe a Supreme Court Justice, said he couldn't define pornography but he knew it when he saw it.
            Lautenburg wrote his namesake law to trap as many as possible.Spanking a child with your finger tips is a lot different from beating a child with fists or belt buckles.

            The Kansas law does have a definition of assault and battery that actually applies broadly.
            The trouble is that is doesn't seem to be applied when family, friends or even acquaintances are involved.

            Assault requires that a person knowingly places another person in reasonable apprehension of immediate harm. Battery requires that a person knowingly or recklessly causes bodily harm to another person, or that a person knowingly causes physical contact with another person in a rude, insulting, or angry manner.
            The people think the Constitution protects their rights; But government sees it as an obstacle to be overcome.
            If your religion says suicide and murder are wrong; Aren't you doing both if you are not prepared to defend your life and the lives of others?
            I am not a lawyer, but I have personal opinions.

            Comment


            • #7
              The laws in 50 states are not the same and crimes are often re-defined later by a court or even an agency.

              KSA 21-5414. Domestic battery.
              (a) Domestic battery is:

              (1) Knowingly or recklessly causing bodily harm by a family or household member against a family or household member; or

              (2) knowingly causing physical contact with a family or household member by a family or household member when done in a rude, insulting or angry manner.

              (b) Domestic battery is:

              (1) Except as provided in subsection (b)(2) or (b)(3), a class B person misdemeanor and the offender shall be sentenced to not less than 48 consecutive hours nor more than six months' imprisonment and fined not less than $200, nor more than $500 or in the court's discretion the court may enter an order which requires the offender to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program;

              (2) except as provided in subsection (b)(3), a class A person misdemeanor, if, within five years immediately preceding commission of the crime, an offender is convicted of domestic battery a second time and the offender shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $500 nor more than $1,000. The five days imprisonment mandated by this paragraph may be served in a work release program only after such offender has served 48 consecutive hours imprisonment, provided such work release program requires such offender to return to confinement at the end of each day in the work release program. The offender shall serve at least five consecutive days imprisonment before the offender is granted probation, suspension or reduction of sentence or parole or is otherwise released. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the offender shall be required to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, unless otherwise ordered by the court or department of corrections; and

              (3) a person felony, if, within five years immediately preceding commission of the crime, an offender is convicted of domestic battery a third or subsequent time, and the offender shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,000 nor more than $7,500. The offender convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the offender has served at least 90 days imprisonment. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the offender shall be required to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, unless otherwise ordered by the court or department of corrections. If the offender does not undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, the offender shall serve not less than 180 days nor more than one year's imprisonment. The 90 days imprisonment mandated by this paragraph may be served in a work release program only after such offender has served 48 consecutive hours imprisonment, provided such work release program requires such offender to return to confinement at the end of each day in the work release program.

              (c) As used in this section:

              (1) "Family or household member" means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or who have lived together at any time. "Family or household member" also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and

              (2) for the purpose of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section:

              (A) "Conviction" includes being convicted of a violation of K.S.A. 21-3412a, prior to its repeal, this section or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section;

              (B) "conviction" includes being convicted of a violation of a law of another state, or an ordinance of any city, or resolution of any county, which prohibits the acts that this section prohibits or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings in a case alleging a violation of such law, ordinance or resolution;

              (C) only convictions occurring in the immediately preceding five years including prior to July 1, 2001, shall be taken into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided for a first, second, third or subsequent offender, whichever is applicable; and

              (D) it is irrelevant whether an offense occurred before or after conviction for a previous offense.

              (d) A person may enter into a diversion agreement in lieu of further criminal proceedings for a violation of this section or an ordinance of any city or resolution of any county which prohibits the acts that this section prohibits only twice during any five-year period.
              History: L. 2010, ch.136, § 49; L. 2011, ch. 30, § 20; L. 2012, ch. 162, § 15; May 31
              The people think the Constitution protects their rights; But government sees it as an obstacle to be overcome.
              If your religion says suicide and murder are wrong; Aren't you doing both if you are not prepared to defend your life and the lives of others?
              I am not a lawyer, but I have personal opinions.

              Comment


              • #8
                Just another reason for robots, but no A.I., load a program and forget about it
                "I suppose it's tempting, if the only tool you have is a hammer, to treat everything as if it were a nail...." ~Abraham Maslow~

                "Skill makes you harder to kill" ~ Unknown

                Comment


                • #9
                  Can't figure out why you're all ragging on these politicians. At least they're trying to 'Do Something!'. Ace2
                  Last edited by Ace; 11-09-2017, 18:44.
                  Sometimes the term 'Idiot' is a description and not an insult.

                  Comment


                  • #10
                    Originally posted by Ace View Post
                    Can't figure out why you're all ragging on these politicians. At least they're trying to 'Do Somethig!'. Ace2
                    BECAUSE; they are usually the root of the problem. We DON'T have legislators anymore, they are "special interest" groups.

                    Comment


                    • #11
                      Oh, yeah. I forgot. Ace2
                      Sometimes the term 'Idiot' is a description and not an insult.

                      Comment

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