Voisine v. United States (579 U.S. 686)
U.S. Supreme Court · decided June 27, 2016 · Supreme Court Database (Spaeth)
- Citation
- 579 U.S. 686 · 136 S. Ct. 2272
- Docket
- No. 14-10154
- Argued
- February 29, 2016
- Decided
- June 27, 2016
- Term
- October Term 2015
- Vote
- 6–2
- Majority author
- Justice Kagan
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Roberts, Justice Kennedy, Justice Ginsburg, Justice Breyer, Justice Alito, Justice Kagan (wrote)
- Dissenting
- Justice Thomas (wrote), Justice Sotomayor
Oral argument transcript and advocates · Opinion on Justia
Opinion excerpt
Justice KAGAN delivered the opinion of the Court. Federal law prohibits any person convicted of a "misdemeanor crime of domestic violence" from possessing a firearm. 18 U.S.C. § 922(g)(9). That phrase is defined to include any misdemeanor committed against a domestic relation that necessarily involves the "use ... of physical force." § 921(a)(33)(A). The question presented here is whether misdemeanor assault convictions for reckless (as contrasted to knowing or intentional) conduct trigger the statutory firearms ban. We hold that they do. I Congress enacted § 922(g)(9) some 20 years ago to "close [a] dangerous loophole" in the gun control laws. United States v. Castleman, 572 U.S. ----, ----, 134 S.Ct. 1405, 1409, 188 L.Ed.2d 426 (2014) (quoting United States v. Hayes, 555 U.S. 415, 426, 129 S.Ct. 1079, 172 L.Ed.2d 816 (2009) ). An existing provision already barred convicted felons from possessing firearms. See § 922(g)(1) (1994 ed.). But many perpetrators of domestic violence are charged with misdemeanors rather than felonies, notwithstanding the harmfulness of their conduct. See Castleman, 572 U.S., at ----, 134 S.Ct., at 1408-1409. And "[f]irearms and domestic strife are a potentially deadly combination." Hayes, 555 U.S., at 427, 129 S.Ct. 1079. Accordingly, Congress added § 922(g)(9) to prohibit any person convicted of a "misdemeanor crime of domestic violence" from…
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