7th Circuit Upholds Ban on Firearms Possession for Domestic Violence Misdemeanor

In United States v. Skoien, the 7th Circuit upheld the prohibition of possession of firearms for citizens charged with a misdemeanor of domestic violence.  The majority opinion cited Heller and McDonald.

On page 4 of the majority opinion, the Court offered the following interpretation of Heller:

“...the Second Amendment creates individual rights, one of which is keeping operable hand-guns at home for self-defense. What other entitlements the Second Amendment creates, and what regulations legislatures may establish, were left open. The opinion is not a comprehensive code; it is just an explanation for the Court’s disposition.”

The Court also cites the "longstanding prohibitions" exception from Heller (and later affirmed in McDonald), but goes on to say that "It would be weird to say that §922(g)(9) is unconstitutional in 2010 but will become constitutional by 2043, when it will be as 'long-standing' as §922(g)(1) was when the Court decided Heller."

However, the Court seems to base its opinion on the Constitutionality of a categorical exclusion on persons as being the same as a categorical exclusion on types of speech.  It reaches toward quite a few First Amendment cases in the majority opinion.

It also brings up a point that a reason for domestic violence crimes to be treated as misdemeanors is that it is more likely that a victim will come forward.  This supposedly helps further the "important governmental objective" of "preventing armed mayhem".  They also point out that the difference in the victim's relationship in such a crime distinguishing it from a felony makes it analogous to a felony and thus should have the same prohibitions put in place as a result.

The last point they make in determining if a disqualification-on-conviction is proper is posing it as analogous to requiring a sex offender to register or determining where a sex offender may or may not live after being convicted.  If the domestic violence issue wasn't enough to illicit an emotional response, this part surely will.