The 4 most troubling provisions of the Tillis - McConnell gun control bill | Eastern NC Now

Tillis is an enemy of the Constitution

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( June 24th, 2022 @ 9:22 am )
 
When I was actively practicing criminal law, I observed how this concept of denying gun rights to those with domestic violence convictions is overbroad and denies due process. This comes from the wide divergence on standards used by judges for such cases. Some judges take the attitude that in a "he said, she said" case, there is no proof beyond a reasonable doubt and a vercidt of not guilty is appropriate. Other judges take the "believe all women" or "believe all alleged victims" approach that results in knee jerk convictions.

I once had a case in front of a "believe all women" judge. My client had to be able to carry a gun or he would lose his job. His wife had taken out an assault on a female warrant contending that my client had "grabbed her foot causing her to fall down". Fortunately, the wife's yelling at her husband before the incident had attracted a neighborhood child who watched it go down through a window and we were able to put the child on as a witness. What actually happened was that the wife tried with great force to kick my client in his testicles and he put out his hands to block the kick. The wife's force was so great that the blocking of her kick caused her to fall down. With our child witness, we got the proper not guilty verdict. Without him, in front of that judge, he would have just been screwed by an outright lie from his wife.

Here is another scenario I have seen happen all too often. An actual incident of domestic violence occurs. The victim flees to a friend's house. The perpetrator figures out that he may be on the receiving end of a criminal warrant, so the perp rushes down to the magistrate and takes out a domestic assault warrant against the victim. When the victim later arrives at the magistrate, it is the victim who is arrested, and then told that s/he cannot take out a "cross warrant" against the perp. If anyone loses their gun rights in those situations, it will be the victim, not the perpetrator.



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