One Strike And You're Out

Opponents also attack the law's retroactive reach. Some police-union lawyers say it may violate the Constitution's prohibition against ex post facto laws--in this case, increasing the punishment for a crime committed before the new law was passed. It also allows no room for changed behavior. In Minneapolis, two of the cops now on leave were convicted of misdemeanors more than a decade ago. And, according to their union, the offenses involved shouting matches, not physical violence. All four cops (who weren't identified) disclosed the misdemeanors on their own. Chief Olson, while supporting the law, says it needs to be sympathetic to someone "who, 20 years ago, made a mistake."

Such comments may sound distressingly familiar to domestic-abuse counselors, but they may yet get a sympathetic hearing in Congress. Several House members suggested that the Clinton administration misinterpreted the retroactivity provision, and are calling for making the law apply only to new cases of domestic abuse. The administration, however, is opposed to any changes, fearing it would remove any teeth and allow all past abusers--not just cops--free to own a gun. Given the new importance placed on reducing domestic violence, that's a risk it would rather not take.

BRAD STONE in Chicago

© 1996