Vinson, Voisine, and Misdemeanor Crimes of Domestic Violence

The United States Supreme Court recently decided a case about what counts as a “misdemeanor crime of domestic violence” for purposes of the federal statute prohibiting individuals who have been convicted of such crimes from possessing firearms. I’ve had several questions about whether the ruling affects last year’s Fourth Circuit decision holding that North Carolina assaults generally don’t qualify as “misdemeanor crime[s] of domestic violence.” For the reasons set out below, I don’t think the Supreme Court case clearly overrules the Fourth Circuit’s decision. Background: federal law. It is a federal crime for a person who has been convicted of a “misdemeanor crime of domestic violence” to possess a gun. 18 U.S.C. § 922(g)(9). A “misdemeanor crime of domestic violence” is a misdemeanor that “has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon,” and that is committed by a person with one of several specified relationships with the victim. 18 U.S.C. § 921(a)(33). (The existence of the personal relationship need not be an element of the crime of conviction, under United States v. Hayes, 555 U.S. 415 (2009).) Vinson, the Fourth Circuit case. I previously blogged here about United States v. Vinson, 805 F.3d 120 (4th Cir. 2015). In a nutshell, the court ruled that a man with a previous North Carolina domestic violence conviction for assault on a female had not been convicted of a “misdemeanor crime of domestic violence.” The court reasoned (1) that the phrase “use of [...]