What are some current and interesting cases that concern law enforcement officers and DV charges?
An interesting case is Frazier v. Northern State Prison, Dept. of Corrections, 392 N.J. Super. 514 (App. Div. 2007). The issue in this case is whether a simple assault under N.J.S.A.. 2C:12-1a(3) constitutes a misdemeanor crime of domestic violence, thus barring possession of a firearm under the Lautenberg Amendment to the federal Gun Control Act? The court held that Administrative Law Judge (“ALJ”) and the Merit System Board erred in concluding that appellant, a senior corrections officer, was prohibited from carrying a firearm under the Lautenberg Amendment following his conviction for simple assault. According to 27 C. F.R. ยง 478.11, a “misdemeanor crime of domestic violence” is defined as an offense which: (1) s a misdemeanor, including offenses that are punishable only by a fine; (2) has, as an element used or attempted use of physical force or the threatened use of a deadly weapon; and (3) was committed by a person similarly situated to a spouse, parent, or guardian of the victim
