Thursday, February 17, 2000
Ignorance of gun law no excuse
Domestic violence conviction sealed fate
BY BEN L. KAUFMAN
The Cincinnati Enquirer
A federal appellate court Wednesday defined “knowingly” in a way that punishes firearms possession by people already guilty of domestic violence.
sk,0 “Knowingly” refers to the weapon, not to the 1996 federal law making it illegal to possess any firearm after being convicted of misdemeanor domestic violence in any court.
In other words, ignorance of the ban is no defense.
The 3-0 decision by the U.S. Court of Appeals for the 6th Circuit in Cincinnati meant a Detroit-area man must do federal time, but the decision covers Ohio and Kentucky cases as well.
Jeffrey Beavers knew he had the pistol; Michigan authorities returned it to him after his domestic violence sentence. He didn't know that three months later, the new gun ban kicked in.
It was not clear how his handgun came to federal attention, but he entered a conditional guilty plea. If his appeal failed, he would serve two months in prison and two months of home confinement, and be fined $2,000.
He admitted “knowingly” having a pistol, but insisted the 1996 law was unconstitutional because it didn't require the prosecutor to prove he “knowingly” violated the firearm ban.
Mr. Beavers said he knew nothing about the federal law and Michigan authorities didn't warn him when they returned his weapon. There was no contradictory evidence.
Even so, the 6th Circuit rejected his ignorance-of-the-law defense, saying: “Beavers' conviction on a domestic violence offense sufficiently placed him on notice that the government might regulate his ability to own or possess a firearm.”
Now, he has a federal felony conviction that bars him from firearms possession.
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