Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

U.S. Supreme Court Gives Broad Reading to Federal Firearm Prohibition for "Domestic Violence"

Friday, March 28, 2014

Since 1996, the so-called "Lautenberg Amendment" (named for its sponsor, Senator Frank Lautenberg (D-NJ)), has banned the acquisition or possession of firearms by anyone convicted of a "misdemeanor crime of domestic violence."  Applicable crimes are limited to those that have "as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon" and that are committed by persons with a specified relationship to the victim, such as a current or former spouse or a parent.   The prohibition applies no matter when the offense occurred and can include convictions that predated the 1996 law.

Over the years, federal appellate courts have differed on what degree of "physical force" is necessary to trigger the disability.  Questions have also arisen over whether a conviction could count if it occurred under a statute that covered both acts requiring force and those that did not (such as simply scaring the victim).  Thanks to the U.S. Supreme Court's ruling last Wednesday in United States v. Castleman, one of these questions has now been resolved in a way that gives the federal prohibition its broadest possible reading.

James Alvin Castleman was convicted in Tennessee of "having intentionally or knowingly caused bodily injury" to his child's mother.  The statute in question could be violated in three separate ways: (1) intentionally, knowingly, or recklessly causing bodily injury to another; (2) intentionally or knowingly causing another reasonably to fear imminent bodily injury; or (3) intentionally or knowingly causing physical contact with another in a manner that a reasonable person would regard as extremely offensive or provocative (whether or not injury resulted).   The "injury" requirement of the first offense type was broadly defined to include a cut, abrasion, bruise, burn, disfigurement, physical pain, or temporary impairment of a bodily member, organ, or mental faculty.  Thus, the statute could be violated with no physical force whatsoever or very minor, non-injurious physical force.

Castleman claimed that his conviction did not trigger the federal disability, because Congress only meant to prohibit those convicted of domestic violence.  Thus, he claimed, the only statutes that could count were those that could only be violated by committing violent (or more than nominal) physical force.  A statute that could be violated by mere offensive touching (pushing, shoving, poking, grabbing, etc.) should not count.

The Court disagreed and found that as long as the statute required some degree of offensive physical contact for a violation to occur, a conviction under that statute would trigger the federal disability.  It did not, however, reach the question of whether broad statutes like Tennessee's, which could be violated with or without force, would always be counted.  This was because Castleman had admitted he was convicted under the most demanding test of the statute, that requiring actual physical injury.  The Court reasoned that any injury, no matter how slight, must require the use of at least some "physical force."

The Court provided a number of rationales for its holding.  It reasoned, for example, that that "domestic violence" is not violence in the commonly understood sense but in the broader sense of an accumulation of acts over time that established one person's control over another.  Thus, it could include not just injurious abuse but more minor physical acts including hitting, slapping, shoving, pushing, grabbing, pinching, scratching, shaking, twisting, spitting, or restraining.  The Court acknowledged that "most physical assaults committed against women and men by intimates are minor …."  Nevertheless, it also opined, "If a seemingly minor act like this draws the attention of authorities and leads to a successful pros­ecution for a misdemeanor offense, it does not offend common sense or the English language to characterize the resulting conviction as a 'misdemeanor crime of domestic violence.'" 

Importantly, the Court did not resolve the important question of whether so broad an application of the statute (and the resulting lifetime loss of the right to acquire and possess firearms) would violate the Second Amendment.  Essentially, it ruled that question was not properly before it and would have to be resolved in another case.

Besides applying to a broader range of convictions in the future, this ruling also means that prior convictions will become subject to the new rule in those jurisdictions that had embraced a narrower reading of the federal statute.  Federally licensed dealers are thus being notified that some customers who had formerly passed NICS checks may now be subject to denials.

The Court's interpretation of the statute is final and authoritative.  It can now only be changed by Congress.  Whether that will happen or whether a Second Amendment challenge will be brought to a broad application of the statute are questions only time will tell.

TRENDING NOW
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Colorado: "Polis Permission Slip" Signed Into Law in a Secret Ceremony

Thursday, April 10, 2025

Colorado: "Polis Permission Slip" Signed Into Law in a Secret Ceremony

Ignoring months of advocacy and correspondence from tens of thousands of Coloradans, Governor Jared Polis has signed Senate Bill 25-003 into law.

No Fooling: Trump Administration Pares Back Anti-Gun CDC Center

News  

Monday, April 7, 2025

No Fooling: Trump Administration Pares Back Anti-Gun CDC Center

On April 1, the Trump administration announced wide-ranging reforms to the embattled U.S. public health bureaucracy. According to an article from Politico, part of the reform effort is a “reduction in force that aims to cut 10,000” ...

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

Wednesday, April 2, 2025

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

As the clock runs down on Governor Polis' 10-day window to veto Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, he continues to sit on his hands and let the bill gather dust on his ...

Rep. Hinson and Sen. Cotton Reintroduce Bill to Repeal Firearm Transfer Tax

News  

Thursday, April 3, 2025

Rep. Hinson and Sen. Cotton Reintroduce Bill to Repeal Firearm Transfer Tax

On April 1, 2025, Representative Ashley Hinson (R-IA-02) and Senator Tom Cotton (R-AR) reintroduced the Repealing Illegal Freedom and Liberty Excises Act, or the RIFLE Act. These bills (H.R. 2552 and S.1224 respectively) would remove a $200 excise tax that is imposed ...

Cory Booker Goes from “I am Spartacus” to “I am Hypocrite”

News  

Monday, April 7, 2025

Cory Booker Goes from “I am Spartacus” to “I am Hypocrite”

Last week, U.S. Senator Cory Booker (D-N.J.) took to the Senate floor so that he could complain about President Trump and Elon Musk.  He went on for over 24 hours.  One can speculate as to ...

Teach Your Children Well: Schools Step Up to Offer Firearm Safety and Education Programs

News  

Monday, April 7, 2025

Teach Your Children Well: Schools Step Up to Offer Firearm Safety and Education Programs

Providing firearm safety training opportunities to school-aged children is not a novel concept, although utilizing legislative solutions is a newer approach to this old idea. Prior to the 1970s, it was quite standard nationwide for ...

Zeroed Out: Trump Administration Formally Ends Biden-Era War on Gun Dealers

News  

Second Amendment  

Tuesday, April 8, 2025

Zeroed Out: Trump Administration Formally Ends Biden-Era War on Gun Dealers

On April 7, the Trump Administration formally revoked the Biden-Harris Administration’s “zero tolerance” policy for inspections of federal firearm licensees (FFLs). The edict ended a bureaucratic reign of terror that was costing small business people their livelihoods over harmless ...

North Carolina: Pro-Gun Bill on the Move in the House

Wednesday, April 9, 2025

North Carolina: Pro-Gun Bill on the Move in the House

Last week, House Bill 193 reportedly favorably out of the House Judiciary 2 committee and was referred to the House Committee on Education-K-12 for further consideration.

Hawaii: Firearm Ban Passes House- Contact Your Senator Today!

Monday, April 7, 2025

Hawaii: Firearm Ban Passes House- Contact Your Senator Today!

On Friday, the Hawaii House passed Senate Bill 401, legislation that would expand the current ban on "assault pistols" to include certain rifles and shotguns in addition to banning standard capacity magazines.  The bill will now head ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.