[DV_listserv] Excellent SCOTUS case!

[Domestic Violence issues]

As you know, 18 USC 922(g)(9) prohibits any person convicted of a "misdemeanor crime of domestic violence" (MCDV) from possessing a firearm. The US DOJ for Oregon has previously identified two crimes, Assault and Strangulation, that qualify under the federal definition for MCDV. However, in the past, due to case law interpretation, the US DOJ has only been able to use Assault convictions that were charged "intentionally or knowingly" as opposed to recklessly (which Oregon law allows for).

A new case out today changes that!

SUPREME COURT OF THE UNITED STATES
VOISINE ET AL. v. UNITED STATES

http://www.supremecourt.gov/opinions/15pdf/14-10154_19m1.pdf

"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."


















Erin S. Greenawald
Sr. Assistant Attorney General | DA/LE Assistance| Criminal Justice Division
Oregon Department of Justice
2250 McGilchrist Street SE, Suite 100, Salem OR 97302
Main: 503.378.6347 | Desk: 503.934.2024 | Fax: 503.373.1937

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