Bullstuff. The author of that article is lying about the charge. There is no such thing as a "misdemeanor crime of domestic violence" that does not involve force and violence.
The Sup. Ct. is not going to do anything that ends the Frank Lautenberg ban on possession by those convicted of "misdemeanor crimes of domestic violence". The reason that provision does not apply is because the misdemeanor complained of in this case is not such an offense. Neither assault nor battery require proof of force and violence, which is the basis of the federal prohibition.
Assault doesn't involve touching of any kind, and battery requires only the slightest touch if that touch is unprivileged, offensive, and done without legal cause, justification, or excuse. There's one case in which the driver of a car was the victim of a battery because a pedestrian didn't like how far he'd driven into a crosswalk before stopping, and slapped the hood of the guy's car. No force or violence against the driver at all. Patting a stranger's bottom in a crowded shopping mall is battery, but there's no requirement for force or violence.
Ma Kettle whacking Pa upside the head with a frying pan would be a misdemeanor crime of domestic violence EXCEPT under Virginia law, such an offense would be tried in the Juvenile and Domestic Relations District Court ("J&DR"), a "court not of record", which only retains its files for ten years, and as to which the warrant would probably say "...that one Ma Kettle did, on or about October 1, 1933, assault and batter one Pa Kettle, a household partner, spouse, or family member, in violation of Virginia Code section 18.2-57.2." So there is almost never a record of such offenses in Virginia. The exception is where someone files a transcript of the evidence with the case, and there's testimony about actual force or violence, or where the case is appealed to the Circuit Court which is a court of record.
There are a few cases in Virginia where this issue has been dealt with. The variation between what the law dictates and what the NCIS background check dictates is due to the failure of the NCIS people to follow the law.
And what's this stuff about selling guns on the "black market"? Is Va. Gun Trader website the Virginia "black market"? Is there such a thing as a "black market", other than those operated by people employed by three-letter-agencies? If I sell an item of personal property to another resident of my state, am I engaged in a "black market" transaction? What a load of crap.
