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United States v. Hayes

Docket No.: 07-608
Certiorari Granted: Mar 24 2008
Argued: November 10, 2008
Decided: February 24, 2009

PartyNames: UNITED STATES v. HAYES
Petitioner: United States
Respondent: Randy Edward Hayes

Court Below: United States Court of Appeals for the Fourth Circuit

United States
v.
Randy Edward Hayes
555 U.S. 415 (2009)
Question Presented:

Section 922(g)(9) of Title 18, United States Code, makes it a crime for any person convicted of a "misdemeanor crime of domestic violence" to possess a firearm. The question presented is whether, to qualify as a "misdemeanor crime of domestic violence" under 18 U.S.C. 921(a)(33)(A), an offense must have as an element a domestic relationship between the offender and the victim.

Question:

Under the Gun Control Act of 1968, does a conviction for misdemeanor battery constitute a "misdemeanor crime of domestic violence" when the victim was the offender's wife and the predicate offense statute did not designate a "domestic relationship" between aggressor and victim as an element of the crime?

Holding: judgment reversed and remanded
Vote: 7-2
Opinion By:
Read UNITED STATES V. HAYES opinion (PDF)

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