Nevada Gun Control Law Causing Huge Headaches For Prosecutors
By Cam Edwards
A Nevada state law prohibiting misdemeanor domestic violence offenders from owning firearms is now causing major problems in communities around the state. The Nevada State Supreme Court ruled in September that, because the loss of gun ownership rights is at stake, the misdemeanor domestic violence charge is a “serious offense” that requires the option of a jury trial. These misdemeanors are typically tried in municipal court, and many municipal courthouses aren’t even set up for jury trials. That’s the case in Las Vegas, where the City Council voted this week to create a new misdemeanor crime to prosecute domestic violence offenders that doesn’t require the forfeiture of firearms (and therefore avoids the requirement for a jury trial).
Las Vegas prosecutors have been charging domestic violence defendants with the lesser charge of simple battery to avoid triggering a jury trial. The city law approved Wednesday, called “battery which constitutes domestic violence, will restore all the penalties of the state statute with the exception of the gun provision.
City officials say it’s the best option to protect victims amid a logistical dilemma, but domestic violence prevention and gun control advocacy groups have argued the city is putting …Read the Rest
Source:: Bearing Arms