United States v. Castleman
| United States v. Castleman | |
|---|---|
| Argued January 15, 2014 Decided March 26, 2014 | |
| Full case name | United States v. James Alvin Castleman |
| Docket no. | 12-1371 |
| Citations | 572 U.S. 157 (more) 134 S.Ct. 1405, 188 L. Ed. 2d 426 |
| Case history | |
| Prior | 695 F. 3d 582 (CA6 2012) |
| Holding | |
| The "physical force" requirement under 18 U.S.C. § 922(g)(9), which criminalizes possession of a firearm by a person convicted of a 'misdemeanor crime of domestic violence,' is satisfied by the “offensive touching” degree of force that supports a common-law battery conviction and does not require the greater showing of violent contact. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Sotomayor, joined by Roberts, Kennedy, Ginsburg, Breyer, Kagan |
| Concurrence | Scalia (in part and in judgment) |
| Concurrence | Alito (in judgment), joined by Thomas |
| Laws applied | |
| Domestic Violence Offender Gun Ban | |
United States v. Castleman, 572 U.S. 157 (2014), was a United States Supreme Court case decided in 2014. The Court held that under 18 U. S. C. §922(g)(9), a federal statute which prohibits possession of firearms by someone convicted of a "misdemeanor crime of domestic violence", a conviction does not have to involve the use of violent force to qualify for this prohibition. Instead, the Court concluded that a crime qualifies as a "misdemeanor crime of domestic violence" so long as the amount of force used to commit the crime was sufficient to support a conviction for common-law battery.[1]
References
- ^ Bernat, Frances P.; Frailing, Kelly, eds. (August 23, 2019). "United States v. Castleman". The Encyclopedia of Women and Crime (1 ed.). Wiley. doi:10.1002/9781118929803.ewac0501. ISBN 978-1-118-92979-7.
External links
- Text of United States v. Castleman is available from: Cornell Google Scholar Justia Oyez (oral argument audio)