United States v. Hayes
Encyclopedia
United States v. Hayes, 129 S.Ct. 1079
(2009), is a United States Supreme Court case interpreting Section 921(a)(33)(A) of the federal Gun Control Act of 1968, as amended in 1996. The Court held that that a domestic relationship is not necessarily a defining element of the predicate offense to support a conviction for possession of a firearm by a person convicted previously convicted of a misdemeanor crime of domestic violence.
from owning firearms. In 1996 the Act was amended to extend this prohibition to persons convicted of a "misdemeanor
crime of domestic violence
."
The question before the Court was the statutory meaning of this prohibition, and how far it extended: did it require a state to have a specific statute
that prohibited misdemeanor crimes of domestic violence, under which a person charged with an Act violation was convicted ? Or did it only require that a person was convicted of a misdemeanor which in fact constituted "domestic violence," without regard to whether the misdemeanor statute specifically proscribed crimes of "domestic violence"?
of the misdemeanor of simple battery
. The offense was committed against his wife in a domestic dispute. In 2004, the police found him in possession of firearms. Had he violated the Act?
The prosecution claimed the 1994 conviction for simple battery was sufficient to place him under the federal firearms ban. He had been convicted of a violent misdemeanor (battery) under state law. And the battery was, in fact, against his wife. This was enough, the prosecution alleged, to make that a conviction of a predicate crime of "domestic violence" which would, accordingly, bring him within the scope of the federal prohibition.
Hayes claimed that more was required before he was subject to the federal firearms possession ban of the Gun Control Act. He argued that the state must have a statute that specifically defined and prohibited "domestic violence" as an independent crime; a person convicted of that crime would then be subject to the federal prohibition under Act, but a person only convicted of another crime - such as simple battery - would not be so subjected.
Hayes agreed the person he battered was, in fact, his wife; but in 1994 the state of West Virginia did not have a statute that prohibited "domestic violence" as a specific crime. Therefore, Hayes argued, it was in effect legally impossible for him to be banned from firearm possession under the "domestic violence" extension for acts committed within West Virginia.
Hayes moved to dismiss the federal indictment but the trial court denied his motion. He entered a guilty plea, subject to his right to appeal the motion's denial, and the Fourth Circuit Court of Appeals agreed with Hayes on appeal. It decided that the state misdemeanor law must contain, as an element of the crime, a "domestic relationship between the offender and the victim," 482 F.3d 749, 751 (2007), and that the indictment was indeed faulty. The Supreme Court then accepted the case to resolve a split among the circuits.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2009), is a United States Supreme Court case interpreting Section 921(a)(33)(A) of the federal Gun Control Act of 1968, as amended in 1996. The Court held that that a domestic relationship is not necessarily a defining element of the predicate offense to support a conviction for possession of a firearm by a person convicted previously convicted of a misdemeanor crime of domestic violence.
Background
The Gun Control Act had long prohibited convicted felonsFelony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
from owning firearms. In 1996 the Act was amended to extend this prohibition to persons convicted of a "misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
crime of domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
."
The question before the Court was the statutory meaning of this prohibition, and how far it extended: did it require a state to have a specific statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
that prohibited misdemeanor crimes of domestic violence, under which a person charged with an Act violation was convicted ? Or did it only require that a person was convicted of a misdemeanor which in fact constituted "domestic violence," without regard to whether the misdemeanor statute specifically proscribed crimes of "domestic violence"?
Facts and Issues
The facts of the Hayes case illustrate the distinction. In 1994 Hayes had been convicted in West VirginiaWest Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
of the misdemeanor of simple battery
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...
. The offense was committed against his wife in a domestic dispute. In 2004, the police found him in possession of firearms. Had he violated the Act?
The prosecution claimed the 1994 conviction for simple battery was sufficient to place him under the federal firearms ban. He had been convicted of a violent misdemeanor (battery) under state law. And the battery was, in fact, against his wife. This was enough, the prosecution alleged, to make that a conviction of a predicate crime of "domestic violence" which would, accordingly, bring him within the scope of the federal prohibition.
Hayes claimed that more was required before he was subject to the federal firearms possession ban of the Gun Control Act. He argued that the state must have a statute that specifically defined and prohibited "domestic violence" as an independent crime; a person convicted of that crime would then be subject to the federal prohibition under Act, but a person only convicted of another crime - such as simple battery - would not be so subjected.
Hayes agreed the person he battered was, in fact, his wife; but in 1994 the state of West Virginia did not have a statute that prohibited "domestic violence" as a specific crime. Therefore, Hayes argued, it was in effect legally impossible for him to be banned from firearm possession under the "domestic violence" extension for acts committed within West Virginia.
Hayes moved to dismiss the federal indictment but the trial court denied his motion. He entered a guilty plea, subject to his right to appeal the motion's denial, and the Fourth Circuit Court of Appeals agreed with Hayes on appeal. It decided that the state misdemeanor law must contain, as an element of the crime, a "domestic relationship between the offender and the victim," 482 F.3d 749, 751 (2007), and that the indictment was indeed faulty. The Supreme Court then accepted the case to resolve a split among the circuits.
Supreme Court decision
The Supreme Court agreed with the Government that the indictment was sufficient and that the Fourth Circuit's interpretation of the Gun Control amendments was erroneous.External links
- US v. Hayes on Findlaw
- [ US v. Hayes on Official US Supreme Court site]