Voisine v. United States

Background

Two men convicted in Maine for misdemeanor assaults against domestic partners later were found to own guns and were charged under the federal law that forbids anyone convicted of a "misdemeanor crime of domestic violence" from possessing firearms. One conviction arose after a background check revealed a rifle; the other followed a search that found several guns. Both men had been convicted under state statutes that allow convictions for intentional, knowing, or reckless conduct.

Reasoning

The central question was whether a misdemeanor assault committed recklessly counts as the kind of offense that bars gun possession under federal law. The Court read the statute's phrase "use ... of physical force" to cover volitional acts of force even when the actor consciously disregards a substantial risk of harm. The majority relied on ordinary meanings of the word "use," the fact that most States in 1996 punished reckless assaults, and Congress's goal to close a loophole so misdemeanor domestic abusers could not keep guns. The Court therefore affirmed the convictions.

Real world impact

People with prior misdemeanor domestic-assault convictions based on reckless conduct can be disqualified from owning or possessing firearms under federal law. Because many States define simple assault to include recklessness, the ruling applies to convictions across much of the country and strengthens federal background-check disqualifications.

Dissents or concurrances

A dissent argued the statute requires intentional use of force, warned about extending a lifetime gun ban to reckless infractions, and raised Second Amendment and statutory-interpretation concerns.