Editor:
I am writing on the subject of the Colorado Supreme Court's ruling on Tuesday, against domestic violence offenders right to bear arms. Please somebody tell me the logic behind this law.
First of all, domestic violence is a misdemeanor crime, not a felony. Convicted felons are prohibited from owning or possessing or transporting any gun or ammunition for life. A misdemeanor is a violation of a state law, which according to federal law, is not an offense keeping people from their Second Amendment rights.
My question is this, why can "Bob" go across the street to his neighbors house "Jim" and beat him to a pulp, receive an aggravated assault charge and still keep his guns, but if "Jim" threatens, shoves or even slaps his wife, he loses his right to bear arms for life?
Now don't get me wrong, I am not an advocate of domestic violence, but both the neighbor and the husband acted on emotion and either one is capable of committing a gun crime against the other, in my opinion. We will never be able to stop a criminal from committing a gun crime if he really wants to commit one. So why the double standard?
PAUL WOOD, Casper
Reader Comments
Comments to this story.
What wrote on Aug 31, 2008 4:28 PM:
Sara wrote on Sep 1, 2008 8:41 AM:
Paul Wood wrote on Sep 1, 2008 4:46 PM:
Rage wrote on Sep 2, 2008 3:52 PM:
Kason Jirkwood wrote on Sep 2, 2008 3:53 PM:
Paul Wood wrote on Sep 2, 2008 7:28 PM:
Debbie M. wrote on Sep 3, 2008 9:19 AM:
J.B. Wilson wrote on Sep 3, 2008 3:38 PM:
J.L. wrote on Sep 3, 2008 3:39 PM:
The reason the supreme court ruled the way they did was because Wyoming will not expunge a past domestic violation conviction from one's criminal record. Without the crime being expunged, the right to bear arms can not be reinstated. THANK YOU, government of Wyoming for this wise decision. "
Perry wrote on Sep 3, 2008 5:31 PM:
Amiee Whitley wrote on Sep 3, 2008 6:32 PM:
Michael Faulkner wrote on Sep 3, 2008 11:12 PM:
Convicted felons traditionally have been banned from owning guns, for obvious reasons. But in 1996, Congress expanded that ban to include misdemeanor domestic violence convictions. Wyoming responded by creating a process to help some of those people regain their gun rights, if they can show they've reformed themselves
The Domestic Violence Offender Gun Ban ("Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence," Pub.L. 104-208[1], 18 U.S.C. § 922(g)(9)[2]) was an amendment to the Omnibus Consolidated Appropriations Act of 1997 enacted by the 104th United States Congress in 1996. The Act is often referred to as the Lautenberg Amendment after its sponsor, Senator Frank Lautenberg The Act bans shipment, transport, ownership and use of guns or ammunition by individuals convicted of misdemeanor or felony domestic violence, or who is under a restraining (protection) order for domestic abuse. The Act also makes it unlawful to knowingly sell or give a firearm or ammunition to such person
John McCain supports instant criminal background checks to help prohibit criminals from buying firearms and has voted to ensure they are conducted thoroughly, efficiently, and without infringing on the rights of law abiding citizens
THE BRADY LAW: PREVENTING CRIME AND SAVING LIVES
Introduction
Prior to the enactment of the Brady Handgun Violence Prevention Act (Brady Law) in 1993, most states did not require background checks of gun purchasers so there was no way for gun sellers to know whether customers were lying about their backgrounds. The Brady Law, which went into effect on February 28, 1994, changed this by requiring federally-licensed firearm dealers (FFLs) to check with law enforcement before selling a firearm. Since 1994, the Brady Law has stopped more than 600,000 criminals and other prohibited people from purchasing firearms from FFLs. Because the law only applies to FFLs, there are still many gun sales by unlicensed, so-called "private sellers," that are not subject to a background check.
When conducting the Brady background checks, law enforcement officials determine whether the buyer is prohibited from buying or possessing a firearm under the federal Gun Control Act or state law. Federal law prohibits the following categories of persons from buying or possessing firearms:
Those under indictment for, or convicted of, a crime punishable by imprisonment for a term exceeding one year;
Fugitives from justice;
Users of controlled substances;
Persons adjudicated as "mental defective" or committed to mental institutions;
Illegal aliens;
Individuals dishonorably discharged from the military;
Those who have renounced their United States citizenship;
Persons subject to a court order restraining a person from harassing, stalking, or threatening an intimate partner or the child of the intimate partner; or,
Those convicted of a domestic violence misdemeanor.
Additionally, it is unlawful for an FFL to sell a handgun to anyone under the age of 21, or a long gun to anyone under 18. While it is against the law for an FFL to sell a handgun to anyone under 21 years of age, the law allows individuals over the age of 18, but not yet 21, to possess handguns "
Marissa wrote on Sep 4, 2008 3:09 PM:
Rachel Krueger wrote on Sep 4, 2008 4:18 PM:
I'm going to try and be as bias as I can about this, although we all know that would be a HUGE step for me considering the author of this "ignorant" this article, but nonetheless, let's just for a minute try and understand Mr. Wood's point. I suppose I can understand how one may be upset if he lost his/her gun rights for life because he/she "threatened, shoved, or slapped" his/her wife/husband. I mean, yes people do lose their tempers, making it very hard not to act on impulse. However, when this happes on a regular basis, and you don't just slap or shove but rather beat and destroy, then it becomes another story.
When a man is not only charged of FVPA Protection Order Violations, Stalking, Destruction of Property, but then convicted of all, I would find it almost impossible (as a Congress person) to trust such person with a deadly weapon.
Mr. Wood, do you honestly believe that when a person is arrested for assault or a domestic disturbance, that he/she needs to prove his/her innocence? I could have sworn that American citizens are "innocent until proven guilty".
From my extensive experience with the court system, as well as my education at Casper College regarding Wyoming Constitution, I've learned that the burdon of proof lies 100% on the victim, not the accused. If the victim does not come up with sufficient and ample amounts of evidence proving the accused of his/her guilt, than the accused gets to walk free. Therefore, the odds of an innocent man or woman (especially in a domestic offense such as battery, harrassment, and stalking) being convicted of such crimes becomes slim to none.
After speaking with the Executive Director and head of Wyoming State Victim Compensation, I've learned that there have been close to only 10 Stalking Convictions in the history of Wyoming over the last 27 years. I believe Mr. Wood knows about atleast one of those convictions.
My whole point is that if you don't want to lose your rights, behave yourself. If you can't behave yourself, don't expect to get privlidges. Being free in the US doesn't come for free. Criminals do not automatically receive rights just because they are American. That's why our country is so great! American citizens have the right to feel safe from foreign as well as DOMESTIC (that means other Americans) offenders.
Perhaps criminals of domestic violence should have thought about their rights to own firearms before they made the decision to hurt and abuse the one(s) they claim(ed) to "love." "
Lamp Lighter wrote on Sep 4, 2008 5:55 PM:
mark wrote on Sep 4, 2008 9:38 PM:
This said, this has to be one of the stupidest letters I have read in any publication. Good Job, Mr. Wood - everyone should excell at something. "
Simple Solution wrote on Sep 4, 2008 9:49 PM:
Marsha Harrington wrote on Sep 5, 2008 7:03 AM:
Debbie M. wrote on Sep 5, 2008 7:39 AM:
If a person "makes a mistake" and gets an FVPA order against them, all they have to do is not violate again.... abide by the court's ruling. Then there are no losses of Second Amendment rights. Those willing to abide by the courts ruling don't even have to give this issue a thought.
Paul Wood.... with your violent past, how do you even have the nerve to write this letter in the first place. "
Sicko wrote on Sep 5, 2008 8:30 AM:
Kevin wrote on Sep 5, 2008 9:35 AM:
Embarrassment wrote on Sep 5, 2008 9:59 AM:
Marsha Harrington wrote on Sep 5, 2008 11:38 AM:
Lilly wrote on Sep 5, 2008 12:10 PM:
Seriously, if we are going to revoke personal rights granted by the constitution, that should be done uniformly shouldn't it?
In the case of Sharpton he used his public persona to create and continue a lie for personal gain and to damage the credibility of an entire social group (Caucasians). "
Arlene wrote on Sep 5, 2008 12:16 PM:
Dan wrote on Sep 5, 2008 1:02 PM:
Mel wrote on Sep 5, 2008 1:19 PM:
Sammy Katrell wrote on Sep 5, 2008 2:14 PM:
I think the focus here should be on how simple stupid this whole article is. I mean, gimme a break! Paul wants a gun after being convicted of being his wife, or girlfriend, or boyfriend, or whatever. My good friend is dead because her low life scum husband killed her with a gun after being charged with FVPA (and no, it wasn't his gun). These wife-beaters are already getting their hands on stolen guns, imagine how many dead women there would be if they could legally buy them!
I'm going to go home and sit on my ass and watch a movie with my kids . . . while my husband does the dishes and takes out the trash. See, a real man takes care of his home. It's all about compromise. I can't imagine what a black eye would like like on me. Of course, if I had one, my husband would probably have missing genitalia. "
Arlene wrote on Sep 5, 2008 5:41 PM:
George M. wrote on Sep 5, 2008 10:31 PM:
Also, and this is for Mr. W., society considers crimes against certain classes of victims to especially heinous. These include children, the elderly, the disabled, and domestic partners. People with whom a person has a domestic relationship are supposed to be loved and nurtured, not harmed or assaulted. This is such a threat to society and families that there are enhanced penalties and consequences for these violations. A somewhat similar analogy applies to sexual assault. That is why rape is considered a much more serious offense than a punch in the nose even though the physical harm may be less.
As has been pointed out above, a person accused of domestic violence is presumed innnocent until their guilt has been proven beyond a reasonable doubt, often with the right to a jury of peers, before the right to possess a firearm is impaired.
As they say in Rawlins, "If you can't do the time (or other punishment) don't do the crime."
I will admit to some heartburn with the Lautenburg Amendment but that concerns its ex post facto nature. That is, someone was convicted or plead guilty too a domestic violence crime prior to 1996, even if it had been 30 years previously with no subsquent problems, lost their ablity to possess a firearm. I've read the cases where the court explains that it isn't REALLY an ex post facto law but I haven't been persuaded. "
Shame Shame wrote on Sep 5, 2008 11:11 PM:
WAIT . . . what the hell am i talking about here! Again, this isn't about Arlene! It's about Paul's personal cry fest over not being able to own a gun. "
Anonymous wrote on Sep 6, 2008 8:54 AM:
I think Embarrassment's comment meant this, --> NRA: wife-beaters need not apply.
This silly article Paul wrote only shows that he STILL denies his past. In the famous words of Dr. Phil, "you can't change what you won't acknowledge."
I know Paul Wood. Did y'all know he's been framed - EVERY TIME? That HE's the victim of lies and deceit? Well, except he admits he did "shove" his ex-wife once. WHAT A JOKE. I've SEEN the bruises he's inflicted on one of his victims. I've SEEN the absolute terror he inflicted upon her while he was stalking her. I've SEEN the door he kicked in (while she was on 911) and was only charged with destruction of property (he used that little fact against her time and again to get her to allow him back in). I've HEARD/SEEN him rant and rave in uncontrollable rage. We didn't know of his violent past until one kindly police officer finally pulled up his record during one of many domestic violence calls. And by the way, the 5 FVPA CONVICTIONS are against 4 different people at different times in his life.
BUT MOST DISCONCERTING IS THIS: My granddaughter, who was 16-20 months old during this time witnessed his violence. She STILL remembers, and STILL talks about "the bad man who kicked my mommy in the back," who "punched my mommy in the stomach," who "threw my mommy against the wall," who "punched mommy in the head," who "always made my mommy cry." And she tells of these events with incredible detail. She has had to go to a child-psychologist and was diagnosed with PTSD. My granddaughter lived with those fears and horrors until she could speak. SHAME ON YOU PAUL WOOD FOR THE DAMAGE YOU INFLICTED UPON THIS INNOCENT CHILD.
So just know that when this violence goes on in front of children - it changes who they are. It is traumatic - no matter how young they are. Their little hearts feel and hurt, they get scared half to death.
AND THIS MAN THINKS HE SHOULD HAVE A LEGAL RIGHT TO BEAR ARMS? Paul Wood is the Poster Child of why this national gun law exists. Truly amazing! ::::::shaking my head in disgust::::::
Your article and bloviating rebuttals make no sense. Our ability to be independent thinkers is what makes us free? Gee, I thought it was the brave men and women of our military who did that. But with your military record you wouldn't know about that.
Paul, why don't you tuck your tail between your legs and crawl back into the hole you crawled out of.
P.S. Paul knows who I am, but in the interest of protecting my granddaughter I have not used names and I will sign this letter anonymously. I certainly hope HE will honor that (but I doubt it). "
D. Miller wrote on Sep 6, 2008 10:49 AM:
anon wrote on Sep 6, 2008 11:49 AM:
George M. wrote on Sep 6, 2008 4:33 PM:
Natrona wrote on Sep 7, 2008 5:54 PM:
I Can Eat Fifty Eggs wrote on Sep 8, 2008 12:12 AM:
dixiecowboy wrote on Sep 8, 2008 9:22 AM:
Union Cavalry wrote on Sep 8, 2008 11:49 AM:
Personal Responsibility wrote on Sep 8, 2008 2:16 PM:
Holy Crap wrote on Sep 9, 2008 7:20 PM:
P.S.Oh yeah, victims who are truelly vitims, try to get on with there lives and dont make it a habit to antagonize there supposed, Abuser. You make yourselves look like liars and you dont even seem to know it. Take my advice and stop while your not in over your head, as i remember correctly, slander is an infringement as well that can land you in a civil suit costing you money. Better chose your words wisely before your mouth costs you more than your butt can cash. "
Abuse of Restraining Orders wrote on Sep 10, 2008 2:27 PM:
And contrary to some people, it is easy for an alleged victim to get a restraining order. It goes into effect immediately and the person who allegedly abused the victim is asked to follow it even before the accused or the accuser stands before a judge. It IS guilty until PROVEN innocent in this case.
Now for those here who know me, and you know who you are…name one time that I made excuses for, or covered for the behavior of an abuser?
Have I not gone above and beyond to see that this kind of behavior did not go unchecked? Therefore I am not here to make excuses for anyone’s criminal behavior. When someone is convicted of a crime, justice should be served. And I agree that family violence is a serious problem and should not be taken lightly at all!!!
To the rest of the readers, I don’t expect you to understand, but there are those here who do.
Now I will move on to my initial point.
Back in the day, when I got a restraining order, to try and keep an ex boyfriend from abusing me, I was told that if “I” broke the restraining order by contacting the ‘abuser’ the order would be null and void. This went a long way in keeping me from going back to him and for that I am grateful. It held me accountable and didn’t give me any leeway to try and use this ‘law’ against him unless I was going to keep to the order myself.
If you are fearful enough to get a restraining order, why would you want to then contact the abuser? Are you truly in need of protection, or are you using the system to get revenge? If the ‘victim’ contacts the ‘abuser’, the restraining order should be null and void just as it was when I obtained one.
This is the case in regards to one poster here. She got a restraining order against someone, but she obviously was not interested in staying away from him. On more than one occasion, I watched as his cell phone rang, as SHE was calling HIM! This happened AFTER retaining a restraining order against him. And this didn’t happen just once or twice, but repeatedly. And I am also not the only person who witnessed this.
Once a restraining order has been obtained, the alleged ‘victim’ should suffer consequences too if he/she decides to contact the ‘alleged abuser’. The law should be there for those who truly need it. And it should have safeguards so that no one can use it for the wrong reasons. "
Karen Rae wrote on Sep 10, 2008 5:24 PM:
I am a practicing psychiatrist and it occurs to me that most of you obviosly have now idea what a true victim goes through after being abused by a loved one. They do not posses a post antagonistic attitude, the likes of which I see here. I agree with the last post on here about the victim truely being afraid. If you were truly afraid of this person, then you would not be in here posting such corrosive material.
Further more, if he is abusive as you claim him to be and holds no accountability to boundries or law, then my best advice to you is to, retreat from your quest to further ruin him before you become a victim of something far worse. Unless of course you are not even a victim in the first place and this is just a feeble attempt to play the victim role. Meanwhile, the real victims in this world will coninue to improve and rehabilitate themselves while you stew in the past and beg for more. "
For Her wrote on Sep 10, 2008 6:18 PM:
Dear Anonymous wrote on Sep 10, 2008 6:43 PM:
re Karen Rae wrote on Sep 10, 2008 6:44 PM:
I simply have to say Thank You to Karen Rae. I know for a fact that in the case I was speaking about previously, you hit the nail right on the head! This person simply will not let go of the past.
I happen to have been on both sides of the Domestic Violence fence in my lifetime. I don't like to admit that I have been an abuser, but I have been. And I am a woman, not a man.
I was raised in a highly abusive home. Got involved with an abusive young man. Took my past anger into future relationships and in abusive ways, vented it on those who did not deserve it. And I know just how serious a truly abusive relationship can be.
I also know that people can change. Not all people and granted this is not to say that people should look the other way when someone is being abused or is doing the abusing.
But I can tell you from personal experience that it is possible to face your demons, exorcise them and move on to a more healthy and productive way of life and into loving relationships.
My only hope is that those who are being harmed will be protected and that those who are falsifying claims or using the system for their own vendettas, are brought out into the open and treated appropriately. "
Yall r QUACKERS wrote on Sep 10, 2008 7:02 PM:
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