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Voisine v. United States

Voisine et. al. v. United States
Supreme Court of the United States
Argued February 29, 2016
Decided June 27, 2016
Full case nameStephen L. Voisine and William E. Armstrong III, Petitioners v. United States
Docket no.14-10154
Citations579 U.S. 686 (more)
136 S. Ct. 2272; 195 L. Ed. 2d 736
Opinion announcementOpinion announcement
Case history
PriorUnited States v. Voisine, 778 F.3d 176 (1st Cir. 2015); cert. granted, 136 S. Ct. 386 (2015).
Holding
Reckless misdemeanor domestic violence convictions trigger gun control prohibitions on gun ownership.
Court membership
Chief Justice
John Roberts
Associate Justices
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan
Case opinions
MajorityKagan, joined by Roberts, Kennedy, Ginsburg, Breyer, Alito
DissentThomas, joined by Sotomayor (Parts I and II)

Voisine v. United States, 579 U.S. 686 (2016), was a United States Supreme Court case in which the Court held that the Domestic Violence Offender Gun Ban in U.S. federal law extends to those convicted of reckless domestic violence. The court reached its judgment in a 6–2 majority.[1][2][3]

Background

In 2009, an anonymous caller in Maine notified officials that a bald eagle had been shot in Kingman.[4] Investigating officers discovered the primary suspect, Stephen L. Voisine, was not legally permitted to possess a firearm.[4] His prior domestic violence conviction barred him from possessing a gun, resulting from the Lautenberg Amendment signed into law in 1996.[5] During Voisine's interrogation, he admitted to shooting the eagle. Subsequently, officials discovered his 28-year criminal record included 14 convictions for assault and domestic violence.[4]

Voisine joined William Armstrong III to argue that their domestic violence convictions should not have precluded them from owning guns in the first place.[5][6] They requested the Supreme Court to consider whether the Lautenberg Amendment was constitutional in the light of the precedent of District of Columbia v. Heller that the Second Amendment protected an individual right to bear arms. However, the court refused to consider this question, limiting itself to the question of whether the defendants' convictions for reckless acts of violence (as opposed to intentional ones) fell within the meaning of the Lautenberg Amendment.[7]

During the oral arguments of the case, Justice Clarence Thomas asked a question from the bench for the first time in 10 years.[7]

Opinion of the Court

Associate Justice Elena Kagan authored the 6-2 majority opinion. Justices Clarence Thomas and Sonia Sotomayor were the dissenters. The court held that Mens rea of recklessness was sufficient because the Lautenberg Amendment does not mention intentionality.[8] The court used an analogy of a thrown plate to illustrate the meaning of recklessness in an abuse context.[8] The dissent disagreed with the majority holding that the term "reckless" is too broad under the Maine statute to pass constitutional muster for prohibition of firearms.

References

  1. ^ "How Bad Does Domestic Violence Have to Be Before You Can't Have a Gun?". February 22, 2016. Retrieved June 27, 2016.
  2. ^ "Supreme Court Rules Domestic Abusers Can Lose Their Gun-Ownership Rights". NPR.
  3. ^ Lopez, German (June 27, 2016). "The Supreme Court quietly handed gun control advocates a small victory".
  4. ^ a b c "How Bad Does Domestic Violence Have to Be Before You Can't Have a Gun?". February 22, 2016. Retrieved June 27, 2016.
  5. ^ a b "The Supreme Court Is Taking a Case That Could Let 'Unintentional' Domestic Abusers Own Guns". October 30, 2015. Retrieved June 27, 2016.
  6. ^ Melissa Jeltsen Senior Reporter, The Huffington Post (February 26, 2016). "Domestic Abusers Take Their Fight To Own Guns To The Supreme Court". The Huffington Post. Retrieved June 27, 2016.
  7. ^ a b Garrett Epps (February 29, 2016). "Politics: Clarence Thomas Breaks His Silence". The Atlantic. Archived from the original on September 3, 2019. Retrieved October 18, 2019.
  8. ^ a b Voisine v. United States, No. 14-10154, 579 U.S. ___ (2016), slip op. at 7 (2016).
Quelle: http://en.wikipedia.org/wiki/Voisine_v._United_States