United States v. Hayes
2009 United States Supreme Court case / From Wikipedia, the free encyclopedia
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United States v. Hayes, 555 U.S. 415 (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 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 previously convicted of a misdemeanor crime of domestic violence.
Quick Facts United States v. Hayes, Argued November 10, 2008 Decided February 24, 2009 ...
United States v. Hayes | |
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Argued November 10, 2008 Decided February 24, 2009 | |
Full case name | United States v. Hayes |
Docket no. | 07-608 |
Citations | 555 U.S. 415 (more) 129 S. Ct. 1079; 172 L. Ed. 2d 816; 2009 U.S. LEXIS 1634; 77 USLW 4123; 09 Cal. Daily Op. Serv. 2199; 2009 Daily Journal D.A.R. 2612, 21 Fla. L. Weekly Fed. S 643 |
Case history | |
Prior | District court denied defendant's motion to dismiss indictment, 377 F. Supp. 2d 540 (N.D.W.Va. 2005); appeals court reversed, 482 F.3d 749 (4th Cir. 2007). |
Subsequent | On remand, appeals court affirmed denial of motion to dismiss, 337 Fed.Appx. 285 (4th Cir. 2009). |
Holding | |
A conviction for a state crime of "domestic violence" obtains when the defendant is convicted of a crime based on actions which in fact constitute domestic violence; a state statute specifically proscribing domestic violence is not required | |
Court membership | |
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Case opinions | |
Majority | Ginsburg, joined by Stevens, Kennedy, Souter, Breyer, Alito; Thomas (all but Part III) |
Dissent | Roberts, joined by Scalia |
Laws applied | |
Federal Gun Control Act, Sections 922(g)(9) and 933(a)(33)(A) |
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