October 25, 2009
Ariella G. Silberman: Gun prohibition for batterers one domestic violence answer
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CHARLESTON, W.Va. -- In a recent editorial ("Horrifying," Oct. 7), the Gazette decried the repeating tragedy of West Virginians murdered by a spouse or loved one. The latest figures I have seen indicate that, on average, two-dozen victims of domestic violence are killed by an intimate partner in our state each and every year.

Between October 2008 and September 2009, 24 people have already lost their lives to acts of domestic violence. The editorial accurately described a solution to this madness as "elusive" and "extremely difficult."

As an attorney primarily practicing in the area of family law, I have represented clients who live in constant fear that any day or any trivial offense could bring down a torrent of rage that could result in their death or the slaughter of their children. I also have many police officer clients who know by experience that a domestic call can be more hazardous to their safety than most felony scenes.

While I do not claim to have a comprehensive answer to the problem of domestic violence, two recent cases, one from the West Virginia Supreme Court and the other from the U.S. Supreme Court, seem to provide an untried path that might be worth exploring. In a nutshell, the essential holding in both cases was that a person who is convicted of the misdemeanor crime of domestic battery can, under state and federal statutes lose their right to own or possess firearms forever.

Think about that. Punch, slap, shove or kick your spouse or lover and you run the risk of being prohibited from owning a gun for the rest of your life. That's current law. And there are no exceptions for hunting season. Violations carry a hefty sentence in the federal pen.

While enforcement and prosecution of these relatively unknown laws prohibiting domestic batterers from possessing guns can be an effective tool against known offenders, their real power to curb future violence more likely rests in an effective educational campaign. After all, how many young people know that by failing to keep your hands to yourself and off your girlfriend or boyfriend you might be foreclosing a career in law enforcement because you won't be able to carry a weapon? How many gun owners realize that among the ramifications of striking or terrorizing a loved one is the very real possibility of having your name entered on the national list of persons permanently disqualified from purchasing weapons? 

In a state that cherishes the right to bear arms, shouldn't we be up front that you surrender that right when you hurt your family? Shouldn't every gun shop post a warning that domestic criminals cannot buy or possess a weapon? Shouldn't that same message be a part of every gun-safety class in our schools and communities? Shouldn't we be running public service announcements on radio and television that make clear the weapons penalties when you hit your wife or husband?

No question, this approach will not stop all domestic killings, and it will take years to see results, but who would have guessed 40 years ago that cigarettes would not only be banned from candy counters, but also from bars?

Like the campaign to reduce tobacco use, we need to keep repeating the message in every way we can: Commit domestic violence. Lose your guns. Forever.

Silberman is a lawyer with Kay Casto & Chaney in Charleston.

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Posted By: Wildfire (5:35pm 10-29-2009)
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If someone is willing to commit rape, robbery and murder: What new law would they obey?
If you are unwilling to protect your own life; why should a cop risk his life for something of such little value that even the owner is unwilling to protect it?
But as a lawyer you know that THE POLICE HAVE NO DUTY TO PROTECT INDIVIDUALS; "Protect and to Serve" is a non-binding slogan... just like "Good to the Last Drop".

Posted By: NPanhandle (10:10am 10-26-2009)
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Damion, lower forms of being often resort to violence and aggression when confronted.

Posted By: Damion (7:28am 10-26-2009)
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While I think these laws are well intentioned, they smack of the liberal feel-good syndrome of passing yet another law rather than addressing root cause issues. The same with hate crime laws...legislators can brag they have accomplished something and nothing significantly has changed.
If keeping guns from violent spouses and adding hate crime penalties for certain illegal acts really work, why aren't capital offenses non-existent in states which have the death penalty?

Posted By: Dillard (6:33am 10-26-2009)
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gmhoover, it's enforced like the long-time law that prohibits felons from possessing guns. They get charged with that crime when they are arrested for another. If it's some state crime, the feds take over the prosecution usually as the offender will go away for at LEAST 5 years, if not more.
Also, you may not realize, but the domestic violence gun prohibition has been on the books since the mid to late 90's. That came from Clinton & I believe a Repub Congress, so it had bi-partisan support.Also, we do have a form of hate-crime law regarding domestic violence. It carries a more severe penalty, not much more, but it's more severe. Also, police do NOT have to witness the crime. Police must personally witness misdemeanors before you can be arrested usually. But with DV crimes, police just have to get a statement from the victim coupled and/or gather evidence seen or heard at the scene. As far as false claims, they do happen. Not as much as you think, though. I give this my support.

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