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SCOTUS Upholds Reach of Federal Gun Ban for Domestic Violence Convicts

AP
June 27, 2016

The U.S. Supreme Court on Monday upheld the reach of a federal gun ban on individuals convicted of domestic violence.

The justices upheld the reach of the ban preventing those convicted of domestic violence misdemeanors from purchasing or owning firearms in a 6-2 decision, arguing that reckless acts of domestic violence constitute misdemeanor crimes for the purpose of restricting gun ownership.

The Supreme Court justices rejected arguments that the federal law covers intentional acts of domestic violence and not reckless abusive acts that occur during heated arguments.

"A person who assaults another recklessly ‘use[s]’ force, no less than one who carries out that same action knowingly or intentionally," Justice Elena Kagan wrote in the majority opinion. 

Chief Justice John Roberts and Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, and Samuel Alito joined Kagan in upholding the reach of the federal ban. 

The case was brought by two men from Maine who were barred from buying or owning firearms after being convicted on domestic violence charges in the state. 

Two decades ago, Congress passed the Lautenberg Amendment, which amended the Federal Gun Control Act of 1968 by banning individuals convicted of a misdemeanor crime of domestic violence from possessing firearms. 

This post will be updated as further information becomes available.

Published under: Guns , Supreme Court