Firearm ownership and misdemeanor DV

Obviously you have no idea what it takes to get arrested for domestic violence, with the way the laws are now you do not even have to touch a person, all you have to do is tell her where to go and she can say she felt threatened and bam you are in jail. But as you so eloquently put it "those of us who proudly served" (yes I proudly served as well) your oath of enlistment must not mean anything at all to you. Do you not remember and I quote "I do solemnly swear to defend the constitution from all threats foreign and domestic, so help me God" ? I sure do, it is a statement that forever ingrained it's essence into my brain for as long as I live. And this amendment is entirely unconstitutional as Thomas Jefferson said when drafting the Virginia state constitution "No free man shall ever be debarred of keeping and bearing arms" Our founding father's intent was set clear with that statement as well as the statement in the second amendment which says that the right to keep and bear arms shall not (I repeat SHALL NOT) be infringed.

Well buddy I regret to inform you that is the law in all 50 states as it is U.S. Title code 18 statute 922 paragraph 9. And I was not in NJ. as a matter of fact it happened in Florida. But that is ok, you hang on to your self righteous beliefs (after all you are entitled to them by the constitution) The only thing is what are you going to do when they expand the laws to confiscate all firearms regardless of a crime or not? You see, Alexandra Ocasio-Cortez has a plan that involves a 70% tax hike on the wealthy so she can implement her plan for a "Green New World". When the wealthy decide to leave and take their money with them, where do you think that 70% income tax is going to go? It is going to fall on people like you and I. Well they can't take your money as long as you are armed so the first order of business will be to take your weapons so you will not be able to fight them. Also during her 2016 presidential bid The Benghazi Butcher a.k.a. Hillary Clinton announced that the supreme court had it all wrong and that when she became president she would enact laws that would disarm all American citizens. So the next time you want to say it will never happen all you have to do is ask a Holocaust survivor if it can. Oh and I almost forgot about Senator Eric Swalwell (D. California) who said he was willing to nuke Americans who would not give up their firearms. But hey what do I know? I'm just a low life piece of crap that was convicted, right?

The only problem with it is that it encompasses that very issue. In the county I live in if an officer comes out to your residence because of a complaint, their policy is that someone is going to jail. In 1996, my ex wife was actually having an affair with the arresting officer and the Sheriff's dept. did not want a scandal so they forced my conviction. What the real issue here is not whether or not I did anything illegal but that I got convicted. I have heard so many stories over the years that proved to be false allegations resulting in convictions, that it is entirely unreal. When I was growing up they actually had to do investigative work to prove beyond a reasonable doubt that you were guilty. Those days are long gone as now all you have to do is be accused and that alone makes you guilty. Case in point is Brett Kavanaugh. The media was so ready to say he was guilty before he even had a chance to defend himself. And let's not forget that every couple of years the justice system targets specific topics in which they intend to make examples out of. The bottom line is this, I have the very same rights as any other American citizen to protect not only my life but those that I love as well. How would those that would strip me of my right like it if we were standing in a crowd and that crowd gets shot up and he looks at me and says take my weapon and defend my family I have been shot, and I turn to him and say I'm sorry I can't help you. I have a misdemeanor domestic violence conviction and by law I cannot touch that weapon?

SeaBeeDaddy said:

Here is the angle I would use:


http://www.saveservices.org/camp/faam-2011/false-accusations-of-domestic-violence-by-the-numbers/

Click to expand...

When I went to college and got my degree in computer science anytime I wrote a paper I had to cite my source. You did this but you left out much of it as well. Here are the statistics according to the web site in which you listed:


False Accusations of Domestic Violence, By the Numbers
Home/CAMP/2011: False Allegations Awareness Month/False Accusations of Domestic Violence, By the Numbers
*

0 – Number of district attorneys in the United States who routinely prosecute false allegations of domestic violence.

25 – Estimated percentage of divorces in which an allegation of domestic violence is made (1).

32 – Number of states with civil definitions of domestic “violence” that include being afraid, fearful, apprehensive, or experiencing emotional distress (2).

48 – Number of states in which judges awarding child custody are required to consider allegations or findings of domestic violence (3).

50 – Percentage of restraining orders in which physical assault is not even alleged, according to an authoritative Massachusetts study (4).

70 – Percentage of restraining orders that are trivial or false (5).

85 – Percentage of all restraining orders that are issued against men (the remaining 15% are against women) (6).

2000 – Estimated number of taxpayer dollars spent for the issuing, servicing, and adjudicating of one restraining order (7).

2005 – The year in which a restraining order was served on TV personality David Letterman for allegedly beaming televised code words and seductive eye gestures at Colleen Nestler, a woman whom Letterman had never met.

700,000 – Number of persons wrongfully arrested for domestic violence each year (8).

1.5 million – Number of temporary restraining orders issued each year in the United States that are trivial or false (9).

20 billion – Number of dollars that taxpayers spend each year for welfare and public benefit services arising from false allegations of domestic violence that force children into single-parent households (10).

Here is something I found interesting:

Family Violence Statistics: Including Statistics on Strangers and Acquaintances

Matthew R. Durose, Caroline Wolf Harlow, Ph.D., Patrick A. Langan, Ph.D., Mark A. Motivans, Ph.D., Ramona R. Rantala, Erica L. Smith, Bureau of Justice Statistics

June 12, 2005 NCJ 207846

Compares family and nonfamily violence statistics from victimization through the different stages of the justice system. Family violence is defined as all types of violent crime committed by an offender who is related to the victim and includes spouse abuse, parental violence against a child, and violence among other family members. Nonfamily relationships used for comparison include boyfriends and girlfriends, friends and acquaintances, and strangers. Data are drawn from victimization surveys, official police statistics, State and Federal court statistics, and surveys of inmates in State prisons and local jails.

Highlights:

Family violence accounted for 11% of all reported and unreported violence between 1998 and 2002.
About 22% of murders in 2002 were family murders.
Of the nearly 500,000 men and women in State prisons for a violent crime in 1997, 15% were there for a violent crime against a family member.
although these statistics are high they do not represent that most violent crimes are committed by someone outside of your family. I honestly believe that something needs to be done about the level of violence against anyone, not just family members but taking away constitutional rights based on Senator Laughtenberg's false statistics is insane. He actually claimed the statistics of firearms related Domestic Violence deaths were many times higher than all other causes of death combined.
Cites:
http://www.bjs.gov/index.cfm?ty=pbdetail&iid=828

leadcounsel, First of all I would like to thank you for your personal insight into this matter, and secondly you eternally have my gratitude for your support on this issue. Whether it pays off or not, at least I know that there are still some people out there that have a spine and will stand up for what is right. If asked how I feel about Domestic Violence I totally abhor it or any violence for that matter. But the sad reality is that it is such a part of everyday life, that one simply cannot ignore it. As I was reading over the posts that have made it to this board a very good friend of mine wrote and said that there had been a threat of school shooting at her son's school scheduled for tomorrow. And she feels the local police are not taking it seriously. I advised her to keep her son from school for the rest of the week if needed and to contact the police and that is when she said they told her it was a hoax. So as I said before it is sad but violence is a common occurrence now, and as far as owning a gun. I believe it is better to have one and never need it than to need it and not have it.

HomeDefense, personally I did not come here to have a big debate about what is right and what is wrong. Yes I was convicted and yes I had my rights taken away without any due process of the law (which is a requirement of the constitution to strip one of his rights) In order to have due process they would have to take each individual to court and strip them of their rights, not throw everyone into one big container and so ok now you are not allowed to have guns. That would bankrupt the legal system for them to do that. What I did come here to do is to ask that people sign the petition so that we can abolish an unconstitutional law and if need be start over and make any laws passed constitutional. Unfortunately there are way too many who without ever having known me or my ex wife making judgement calls that they are not qualified to make. I am not condemning anybody because everyone is entitled to their own opinions (and we know what the saying about that is). However, those that wish to say I do not deserve to have a constitutional right that our founding fathers guaranteed could never be taken away should not complain when something similar happens to them. And when it happens I am going to take the high road and say to them I am so sorry, is there anything I can do to help? because saying I told you so is just so damned cheap and petty.

Also here is a list of quotes by our founding fathers on firearm ownership. These quotes state what their intent was and should always be:


"A free people ought not only to be armed, but disciplined..."
- George Washington, First Annual Address, to both House of Congress, January 8, 1790

"No free man shall ever be debarred the use of arms."
- Thomas Jefferson, Virginia Constitution, Draft 1, 1776

"I prefer dangerous freedom over peaceful slavery."
- Thomas Jefferson, letter to James Madison, January 30, 1787

"What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms."
- Thomas Jefferson, letter to James Madison, December 20, 1787

"The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
- Thomas Jefferson, Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774-1776

"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks." - Thomas Jefferson, letter to Peter Carr, August 19, 1785

"The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed."
- Thomas Jefferson, letter to to John Cartwright, 5 June 1824

"On every occasion [of Constitutional interpretation] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying [to force] what meaning may be squeezed out of the text, or invented against it, [instead let us] conform to the probable one in which it was passed."
- Thomas Jefferson, letter to William Johnson, 12 June 1823

"I enclose you a list of the killed, wounded, and captives of the enemy from the commencement of hostilities at Lexington in April, 1775, until November, 1777, since which there has been no event of any consequence ... I think that upon the whole it has been about one half the number lost by them, in some instances more, but in others less. This difference is ascribed to our superiority in taking aim when we fire; every soldier in our army having been intimate with his gun from his infancy."
- Thomas Jefferson, letter to Giovanni Fabbroni, June 8, 1778

“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
- Benjamin Franklin, Historical Review of Pennsylvania, 1759

"To disarm the people...s the most effectual way to enslave them."
- George Mason, referencing advice given to the British Parliament by Pennsylvania governor Sir William Keith, The Debates in the Several State Conventions on the Adooption of the Federal Constitution, June 14, 1788

"I ask who are the militia? They consist now of the whole people, except a few public officers."
- George Mason, Address to the Virginia Ratifying Convention, June 4, 1788

"Before a standing army can rule, the people must be disarmed, as they are in almost every country in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops."
- Noah Webster, An Examination of the Leading Principles of the Federal Constitution, October 10, 1787

"Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of."
- James Madison, Federalist No. 46, January 29, 1788

"The right of the people to keep and bear arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country."
- James Madison, I Annals of Congress 434, June 8, 1789

"...the ultimate authority, wherever the derivative may be found, resides in the people alone..."
- James Madison, Federalist No. 46, January 29, 1788

"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
- William Pitt (the Younger), Speech in the House of Commons, November 18, 1783

“A militia when properly formed are in fact the people themselves…and include, according to the past and general usuage of the states, all men capable of bearing arms… "To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them."
- Richard Henry Lee, Federal Farmer No. 18, January 25, 1788

"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined.... The great object is that every man be armed. Everyone who is able might have a gun."
- Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778

"This may be considered as the true palladium of liberty.... The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction."
- St. George Tucker, Blackstone's Commentaries on the Laws of England, 1803

"The supposed quietude of a good man allures the ruffian; while on the other hand, arms, like law, discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The balance ofpower is the scale of peace. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside. And while a single nation refuses to lay them down, it is proper that all should keep them up. Horrid mischief would ensue were one-half the world deprived of the use of them; for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong. The history of every age and nation establishes these truths, and facts need but little arguments when they prove themselves."
- Thomas Paine, "Thoughts on Defensive War" in Pennsylvania Magazine, July 1775

"The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms."
- Samuel Adams, Massachusetts Ratifying Convention, 1788

"The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them."
- Joseph Story, Commentaries on the Constitution of the United States, 1833

"What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty .... Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins."
- Rep. Elbridge Gerry of Massachusetts, I Annals of Congress 750, August 17, 1789

"For it is a truth, which the experience of ages has attested, that the people are always most in danger when the means of injuring their rights are in the possession of those of whom they entertain the least suspicion."
- Alexander Hamilton, Federalist No. 25, December 21, 1787

"If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state. In a single state, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or districts of which it consists, having no distinct government in each, can take no regular measures for defense. The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair."
- Alexander Hamilton, Federalist No. 28

"f circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist."
- Alexander Hamilton, Federalist No. 28, January 10, 1788

"As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms."
- Tench Coxe, Philadelphia Federal Gazette, June 18, 1789