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The case eventually made it to the Nevada Supreme Court. Andersen's attorney Michael Pariente argued that a defendant charged with battery constituting domestic violence has a Sixth Amendment right to a jury trial because a defendant loses his or her Second Amendment right upon conviction of the offense by letting a judge, and not a jury, decide guilt or innocence. [4]
The Domestic Violence Offender Gun Ban, also known as the Lautenberg Amendment after its supporter Senator Frank Lautenberg, [115] is a United States federal law enacted in 1996 to ban firearms and ammunitions to individuals convicted of misdemeanor domestic violence, or who are under a restraining (protection) order for domestic abuse in all ...
Michael Pariente is an American criminal defense attorney and the founder of Pariente Law Firm. [1] He has been lead counsel in several high-profile cases, including Andersen v. Eighth Judicial District Court, which entitled every defendant charged with misdemeanor domestic battery to a jury trial in the State of Nevada.
South Carolina, for example, remains the only state where the force or violence used or threatened must be of a higher level (force or violence must be of a "high and aggravated nature" – see section below Current State laws). A similar law existed in Tennessee until 2005, when it was repealed. The law stated that a person could be guilty of ...
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The Nevada Supreme Court interprets the law and constitution of Nevada. The Statutes of Nevada are a compilation of all legislation passed by the Nevada Legislature during a particular Legislative Session. The Nevada Administrative Code (NAC) is the codified, administrative regulations of the Executive Branch. The Nevada Register is a ...