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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT