7th Circuit upholds gun ban for domestic violence offender

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A Wisconsin man who pled guilty to possessing firearms after he was convicted of a domestic battery misdemeanor is not allowed to have those firearms, even though he argued they were used for hunting, the 7th Circuit Court of Appeals ruled Tuesday following an en banc oral argument that took place May 20.

The latest opinion for United States of America v. Steven Skoien, No. 08-3770, appealed from the United States District Court for the Western District of Wisconsin, starts by stating that Steven Skoien had been found guilty of domestic violence misdemeanors on two separate occasions, and that he pled guilty to having guns even though he was not allowed to own them under the terms of his probation.

Statute 18 USC 922 (g) (9), which is a result of The Brady Handgun Violence Prevention Act (often called the Brady Bill), defines who can or cannot have guns.

That statute includes anyone who has been convicted of a felony; those who have been adjudicated to be mentally ill; someone who has had a misdemeanor conviction of domestic violence where the defendant was an intimate partner, parent, guardian, or someone who had a child with the victim; and those who are subject to a protective order.

In its Nov. 18, 2009, decision following a hearing in April 2009, the court vacated and remanded the District Court’s decision that he could not have a gun because of the past misdemeanor convictions, stating the U.S. government didn’t make a strong enough case for prohibiting Skoien from ever possessing firearms.

During the most recent hearing, one of the arguments made by the defense counsel was that the statute had only existed for about 15 years, and that it was weak because of how it was passed. During the argument, judges questioned why it mattered how a bill was passed as long as it was indeed passed and signed into law.

The defense also argued that those who are excluded from owning guns under the statute due to domestic violence misdemeanors would find it nearly impossible to again own guns.

Chief Judge Frank Easterbrook wrote in the July 13 opinion, “… some categorical disqualifications are permissible: Congress is not limited to case-by-case exclusions of persons who have been shown to be untrustworthy with weapons, nor need these limits be established by evidence presented in court.”

The opinion also addressed that because Skoien had a history of recidivism for domestic violence misdemeanors, he was “poorly situated” to argue “the statute creates a lifetime ban for someone who does not pose any risk of further offenses.”

The opinion also stated that even though Skoien’s crimes were misdemeanors, they would be considered felonies if committed against a stranger, which was why the statute included domestic violence misdemeanants among those who could not own firearms.

“The belief underpinning §922(g)(9) is that people who have been convicted of violence once—toward a spouse, child, or domestic partner, no less—are likely to use violence again. That’s the justification for keeping firearms out of their hands, for guns are about five times more deadly than knives, given that an attack with some kind of weapon has occurred,” Chief Judge Easterbrook wrote.

Judge Diane S. Sykes, who was on the panel for the November decision along with Judges William J. Bauer and John Daniel Tinder, and wrote that majority opinion, dissented, writing the government should need to make a stronger case for imprisoning Steven Skoien for exercising his Second Amendment rights.

Indiana Coalition Against Domestic Violence Legal Director Kerry Hyatt Blomquist previously told Indiana Lawyer she had followed this case because she knows of similar situations in Indiana courts where someone has been granted a protective order, which is included in the Brady disqualifiers, and then the judge questioned whether he needed to restrict the respondent from having a gun during hunting season.

She has also had clients where the victim had proof that even though the abuser was Brady disqualified, he still obtained a gun.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.