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Voisine v. United States

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Docket nos.
  
14–10154

Date
  
2016

Opinion announcement
  
Opinion announcement

Citations
  
579 U.S. ___ ()

Full case name
  
Stephen L. Voisine and William E. Armstrong III, Petitioners v. United States

Dissent
  
Thomas, joined by Sotomayor (parts I, II)

Majority
  
Kagan, joined by Roberts, Kennedy, Ginsburg, Breyer, Alito

Voisine v united states oral argument february 29 2016


Voisine v. United States, 579 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that reckless misdemeanor domestic violence convictions trigger gun control prohibitions on gun ownership.

Contents

Voisine v united states domestic violence gun violence protection


Background

In 2009, an anonymous caller in Maine notified officials that a bald eagle had been shot in Kingman. Investigating officers discovered the primary suspect, Stephen L. Voisine, was not legally permitted to possess a firearm. His prior domestic violence conviction barred him from possessing a gun, resulting from the Lautenberg Amendment signed into law in 1996. 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.

Voisine joined William Armstrong III to argue that their domestic violence convictions should not have precluded them from owning guns in the first place. They requested the Supreme Court to consider whether the Lautenberg Amendment was consititutional in the light of the precedent of DC 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.

During the hearing of this case, Clarence Thomas asked a question from the bench for the first time in 10 years.

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. The court used an analogy of a thrown plate to illustrate the meaning of recklessness in an abuse context.The dissent disagreed with the majority holding that the term "reckless" is too broad under the Maine statue to pass constitutional muster for prohibition of firearms.

References

Voisine v. United States Wikipedia


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