Bob Irwin highlights the latest self-defense and other shootings of the week. Read them and see what went wrong, what went right, and what we can learn from self-defense with a gun.
USA –-(Ammoland.com)- A new Nevada Domestic Violence law 2019. The Nevada Supreme Court has ruled that people accused of misdemeanor domestic violence have the right to a jury trial based on the fact that a 2017 law cancels the defendant’s right to keep and bear arms.
In trying to make victims safer, our legislature added a law that anyone convicted of a misdemeanor domestic battery loses their right to possess firearms. That right, however, is enshrined the Nevada Constitution as well as the United States Constitution.
The unanimous ruling came on an appeal by a defendant who was denied a jury trial in Las Vegas Municipal Court and subsequently convicted by the trial judge.
In the ruling written by Justice Lidia Stiglich, the seven-member court cited the state law enacted in 2017 that requires those convicted of domestic violence to give up their firearms. Failure to comply is a felony, resulting in up to to six years in prison.
The potential of losing the constitutional right guaranteed in the Second Amendment “commands the conclusion that misdemeanor domestic battery is a serious offense,” Stiglich wrote (in part).
“Given that the Legislature has indicated that the offense of misdemeanor domestic battery is serious, it follows that one facing the charge is entitled to the right to a jury trial,” according to the decision.
One would think our thoughtful legislature could have seen this one coming. Serious domestic battery is always charged as a felony to take these jerks off the street and lock them up for years.
Comments:
My talk show guest Attorney Donald J Green commented: The Nevada Supreme Court previously found that a penalty of up to six months’ imprisonment for a domestic violence conviction does not make the offense serious enough for a jury trial. But once lawmakers added the condition limiting firearms possession rights, the court was forced reversed course. All minor domestic violence offenders that accepted a plea bargain can now appeal their cases for a new trial or at least a new sentencing hearing. More on this on future shows as the appeals are filed.
Bob Irwin, Las Vegas
About Bob Irwin
Bob is retired after 30 years of ownership of The Gun Store & Indoor Range in Las Vegas. He continues his 2A issues show “Fired Up with Bob Irwin” on YouTube and on KLEY 1230 AM, The Nevada Talk Network on Saturdays.
As a firearm instructor of Concealed Firearm Applicants, Armed Security Officer and Law Enforcement Academies over his career, Bob frequently appears as an expert witness for firearm & use of force cases in Federal, State, and local courts.
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