U.S. Supreme Ct - June 27, 2016

by: Amanda Alvarez Thibeault • June 27, 2016 • no comments

Misdemeanor Crime of Domestic Violence with a Reckless Mental State Qualifies for Federal Firearms Ban

A person convicted of a misdemeanor crime of domestic violence with the mens rea of "recklessness" can be banned from possessing firearms under federal law. Under 18 U.S.C. §922(g)(9), Section 921(a)(33)(A), a person convicted under federal, state, or tribal law of a misdemeanor crime of domestic violence is banned from possessing a firearm. Here, the defendant had been convicted of a misdemeanor crime of domestic violence that required only a reckless mental state. He was prosecuted for unlawful possession of a firearm under the firearm ban, but argued that the ban only extended to domestic violence crimes involving a knowing or intentional mental state. The U.S. Supreme Court disagreed, holding that a "misdemeanor crime of domestic violence" includes those crimes where the requisite mental state is one of recklessness. First, the court noted that "reckless conduct," which requires the conscious disregard of a known risk, is not accidental and involves a deliberate choice to endanger another. Moreover, the firearm ban extends to those convicted of "garden variety" domestic violence misdemeanors, not just those of convicted felonies. Lastly, when the law was drafted, 34 states defined a misdemeanor crime of domestic violence as including those with a mental state of recklessness. Thus, Congress must have known when enacting the law that it was including some people who had engaged in reckless conduct. Voisine v. United States