ILNews

Editorial: Hunt for victims' rights

Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Editorial

Here at the newspaper, we’re big fans of the First Amendment to the United States Constitution. But we understand the need for and exuberance some individuals feel for the Second Amendment: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

What we as laypeople see there is a right to keep firearms for self-defense. The Second Amendment makes no mention of the right to keep a firearm for sportsmen to hunt deer, bears, turkeys, moose, or any wild animal that could possibly be in season anywhere in the United States.

The Brady Bill, in effect since 1994, outlines who may not own guns. Those who have been convicted of a domestic violence misdemeanor are among the individuals who are prohibited from owning or possessing guns.

But a case reheard en banc in the 7th Circuit Court of Appeals has the potential to change that. You can read about the case in this issue of Indiana Lawyer.

In United States of America v. Steven M. Skoien, Steven Skoien was convicted of misdemeanor domestic battery in Wisconsin and sentenced to two years probation. As a probation condition, and because of the Brady disqualifier, he was prohibited from possessing a firearm.

Probation officers learned Skoien had a deer-hunting license, which made them believe he might have a gun. Officers found a shotgun in Skoien’s pickup truck, and a dead deer in his garage. He told probation officers he used the shotgun to shoot the deer.

After a grand jury indicted him for having the gun, he moved to dismiss the indictment, claiming it violated his Second Amendment rights.

In his argument, he did not make the case he wanted a gun for self-defense, but did claim the Second Amendment protected his rights to have a gun for hunting. He also cited District of Columbia v. Heller, 128 S. Ct. 2783 (2008), in which the Supreme Court of the United States found it was lawful for citizens to own a gun for self-defense.

The 7th Circuit panel that decided the case in November said that the U.S. government didn’t make its case clear enough that Skoien should not have a gun for hunting. The court vacated Skoien’s conviction and remanded. A request for rehearing en banc followed, which the court heard May 20.

Domestic violence victim advocates are watching the case with heightened interest. Advocates tell us that they have witnessed instances of Indiana judges granting a protective order in one breath, while in the next breath refusing to take away the respondent’s firearms.

One such advocate told us for our news story, published in the May 13-25, 2010, issue of Indiana Lawyer, that she’s heard of people being granted protective orders, which fall under the Brady disqualifiers, only to have the judge granting the order ask whether he needed to restrict the respondent from having a gun during hunting season.

Seriously? What kind of logic goes into framing such a question? How can a judge in all seriousness grant a protective order one minute and then ask whether there is a need to prevent the person whom the order is against from having access to a gun for any purpose? Guns and protective orders often create more risk for victims, as the potential for lethal consequences goes up after an order is issued and the perpetrator has access to a gun.

We believe Mr. Skoien has the right to a fair trial. Once convicted of a domestic violence charge, we don’t believe he has a right to keep and bear arms. We believe he lost that right when he was convicted.

Perhaps Mr. Skoien needs to find a new hobby. And perhaps some judges need to spend more time being concerned about the victim’s right to safety than the perpetrator’s right to deadly weapons.•
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

ADVERTISEMENT