Supreme Court to hear firearms case


Tuesday, March 25, 2008 | No comments posted.

Font Size: Shrink Font Enlarge Font | Submit your news
WASHINGTON (AP) — The Supreme Court on Monday agreed to consider the case of a man who successfully challenged firearms possession charges that were linked to alleged domestic violence.

The federal government had asked the justices to step into the case.

In 1994, Randy Edward Hayes pleaded guilty in Marion County, W.Va., to the minor crime of battery following an incident in which his wife was the victim. In 2004, police summoned to Hayes’s home in response to a domestic violence 911 call found a Winchester rifle belonging to Hayes. They later discovered that he had possessed at least four other rifles following the 1994 case.

Hayes was indicted on federal charges of possessing firearms following conviction of misdemeanor domestic violence, a reference to the 1994 case in West Virginia.

Last year, Hayes convinced the 4th U.S. Circuit Court of Appeals in Richmond, Va., to dismiss the indictment against him.

The appeals court ruled in Hayes’ favor because the language of the state law on battery in the 1994 case did not contain specific wording about a domestic relationship between the offender and the victim.

Nine other appeals courts have rejected the interpretation that the appeals court in Richmond adopted, the Justice Department solicitor general said in court papers.

“Congress’s objectives of taking guns out of the hands of persons convicted of these crimes would be frustrated in significant measure” if the decision in the Hayes case is allowed to stand, the Justice Department solicitor general said in court papers.
Tags »
Previous
Next

Have you checked out The World Link Forums?

Comments

The comments below are from users of theworldlink.com and do not necessarily represent the views of The World or Lee Enterprises. Participation Guidelines

Note: There is a maximum of 200 words per comment. If you wish to post more, please visit our forum.
Comment Policy

The World welcomes your comments about stories, and we encourage a robust dialogue on this site. All comments must meet reasonable standards of decency and civility.

Please follow these basic rules:

  • No defamatory comments about individuals or businesses.
  • No deliberately false information.
  • No obscenity or racially offensive language.
  • No harassment, verbal abuse, threats or personal attacks.
  • No information that invades another person's privacy.
  • No business solicitations or charitable solicitations.
Comments that violate these standards will not be posted. Users with repeated violations may be banned from future posting.

Comments will be approved throughout the day during business hours. After hours and weekend comments may not appear until the following business day. It may take a couple of hours before comments are approved.

The World generally does not edit comments, but we reserve the right to edit any comment that does not meet our standards.

Close Guidelines

No comments posted.


*Member ID:
*Password:
 

Not already registered?

Do not use usernames or passwords from your financial accounts!

Note: Fields marked with an asterisk (*) are required!



*Create a Member ID:
*Choose a password:
*Re-enter password:
*E-mail Address:
*Year of Birth:
 

(children under 13 cannot register)

*First Name:
*Last Name:
Would you like to be added to our mailing lists?
Daily Headlines
Breaking News
Special Offers
 
Advanced Search
Web Search powered by YAHOO! SEARCH

Blogroll

Most Popular

Polls

» View Past Poll Results
» Suggest a Poll

Marketplace

Special Sections

More Special Sections