The
U.S. Supreme Court on Wednesday endorsed a broad interpretation of domestic violence in barring a Tennessee man from possessing guns.
Federal law makes it a crime for anyone who has been convicted of “a misdemeanor crime of domestic violence" to possess guns. By a unanimous vote, the court held that James Alvin Castleman, who caused bodily harm to the mother of his child, falls under the ban.
"While felons had long been barred from possessing guns, many perpetrators of domestic violence are convicted only of misdemeanors," Justice Sonia Sotomayor wrote in the majority decision.
Castleman argued that his domestic violence conviction under state law in Tennessee did not include an element of "physical force." But Sotomayor noted that Congress wanted to “close a dangerous loophole” in enacting
18 U.S.C. § 922(g)(9) to cover misdemeanor offenses.
"Castleman pleaded guilty to having 'intentionally or knowingly cause[d] bodily injury' to the mother of his child, and the knowing or intentional causation of bodily injury necessarily involves the use of physical force," Sotomayor wrote.
18 U.S.C. § 922(g)(9) recognizes misdemeanor domestic violence offenses under federal, state and tribal law.
The case is
US v. Castleman.
Get the Story:
Supreme Court bolsters domestic violence gun ban
(The Washington Post 3/27)
Sweeping Ruling on Domestic Violence
(The New York Times 3/27)
An Opinion:
Opinion analysis by Amy Howe: State conviction for misdemeanor domestic assault counts as “misdemeanor crime of domestic violence” for purposes of federal gun restrictions
(SCOTUSBlog 3/27)
Supreme Court Decision:
US v. Castleman (March 26, 2014)
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