This morning in Voisine v. United States, the United States Supreme Court ruled that domestic violence perpetrators are prohibited from owning firearms. Justice Elena Kagan wrote the a 6-2 decision:
The federal ban on firearms possession applies to any person with a prior misdemeanor conviction for the “use . . . of physical force” against a domestic relation. §921(a)(33)(A). That language, naturally read, encompasses acts of force undertaken recklessly—i.e., with conscious disregard of a substantial risk of harm. And the state-law backdrop to that provision, which included misdemeanor assault statutes covering reckless conduct in a significant majority of jurisdictions, indicates that Congress meant just what it said. Each petitioner’s possession of a gun, following a conviction under Maine law for abusing a domestic partner, therefore violates §922(g)(9). We accordingly affirm the judgment of the Court of Appeals.
Thank you, Justices Kagan, Roberts, Kennedy, Ginsburg, Breyer, and Alito.
See also:
“The Deadly Mix of Guns and Domestic Violence,” New York Times editorial opinion, 7/1/16
Analysis: What Do Many Mass Shooters Have In Common? A History of Domestic Violence Take Violence Against Women Seriously. It’s a red flag. by Nancy Leong, Washington Post, 6/15/2017
Excellent as always!
Thank you!
Anne Caroline