RECKLESSNESS

Issues

Congress passed the Lautenberg Amendment to the Gun Control Act, 18 U.S.C. § 922(g)(9) (“section 922”), to prohibit domestic abusers from obtaining firearms. Section 922 covers individuals convicted for a “misdemeanor crime of domestic violence,” which includes state misdemeanors that constitute “the use of physical force.” The Supreme Court will consider whether convictions under Maine’s domestic assault law satisfy this predicate offense requirement. Stephen Voisine was convicted under Maine’s domestic assault statute, which criminalizes “the intentional, knowing, or reckless causation of bodily injury or offensive physical contract to another person.” Voisine was then convicted under section 922. But Voisine asserts that common law battery requires a mens rea greater than recklessness and that the “use of physical force” implies intentional conduct. The United States argues that recklessness meets the standard for common law battery, and contends that section 922 would be pointless if it did not cover misdemeanors like Maine’s domestic assault statute. The Court’s decision will affect the ability of misdemeanants to possess firearms and the health and safety of domestic violence victims.

Questions as Framed for the Court by the Parties

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