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Constitutional Law

: Of Arms and the Law

Supreme Ct interprets Lautenberg Amendment

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It's US v. Hayes. The question was whether to read the less than clear statute as requiring proof that the firearm possessor either (a) was convicted of a misdemeanor, whose elements were use of force, and against a household member, or (b) was convicted of a misdemeanor who element was use of force, with the government able to show in the firearm felony prosecution that it was in fact against a household member. (Defendant's underlying conviction was for generic battery, not specifically DV).

Majority, per Justice Ginsburg, goes for (b).

Roberts, joined by Scalia, dissents, going for (a). It's a straight statutory matter, Second Amendment neither briefed nor mentioned in either opinion.

Full post as published by Of Arms and the Law on February 24, 2009 (boomark / email).

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