Article: U.S. Supreme Court: United States v. Hayes

Criminal Procedure

Gun Control Act of 1968

BOTTOM LINE: The Gun Control Act of 1968's definition of "misdemeanor crime of domestic violence" does not require the predicate-offense statute to include, as an element, the existence of a domestic relationship.

CASE: United States v. Hayes, S. Ct. No. 07-608 (decided Feb. 24, 2009) (Justices Stevens, Kennedy, Souter, GINSBURG, Breyer & Alito) (Justice Thomas, joining in part) (Justices Roberts & Scalia, dissenting).

FACTS: In 1996, Congress extended the federal Gun Control Act of 1968's prohibition on possession of a firearm by convicted felons to include persons convicted of "a misdemeanor crime of domestic violence," 18 U.S.C. ...

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