A misdemeanor isn't as serious of a offense as a felony, which he is correct in stating so. Saharsky's detailing of the abuse does nothing to argue that, because the abuser was not charged with a felony.

Simply put, the problem is the fucked up judiciary system. Prosecutors are allowing people to plead to lesser offenses in part because the expenses of a trial are too costly.

On top of that, courts are relying on decisions made in the past and previous legislation passed to render their verdict, which, highlighted by this case, will often lead to problems because past legislation might not be up to current standards.

He acknowledges that the original crime should have been a felony, but he cannot base his decision on what verdicts should have been, only what they are. And in this case, the question is whether or not a misdemeanor can restrict a person's 2nd amendment right.

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That said, I'd love it if he dropped dead. Preferably while Obama is in office.

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You have to ask yourself: do you really want judges deciding what the law SHOULD be? Because if you're saying that a judge should rule against the statute's text in favor of a policy preference for greater gun control, then you need to accept that this means judges have legislative control. I don't think you want that.

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That being said, his comment about it "not being a serious offense" is disgusting, and I will scream, holler, and damn all I want about that!

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If I understand correctly, in some states there is no misdemeanor with that title, which is the only thing officially covered by this law, so in those states where men charged with felony domestic violence can plead out to misdemeanor assault, they are still legally entitled to guns. Which is a major aspect (if not the major aspect) of the problem with the way the law is written.

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The core of the problem is with the local prosecutors who plea down these cases to misdemeanors.

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I know it's satisfying for some reason to scream and yell about this stuff, but maybe, just maybe, this is the kind of thing Congress shouldn't be fucking up in the first place. Or the kind of thing people should be insisting on through political action.

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