U.S. Supreme Court Ruling on the Right to Possess a Firearm and Misdemeanor Domestic Violence Convictions - United States v. Castleman

Yesterday the United States Supreme Court in United States v. Castleman, 572 U.S. ____ (2014) confirmed what many people feared:  All misdemeanor domestic violence convictions, even in states where no violence is required for a conviction, bar individuals from possessing a firearm.

At issue in Castleman is 18 U. S. C. §922(g)(9), which forbids the possession of firearms by any­one convicted of a “misdemeanor crime of domestic violence.”  Castleman challenged that his conviction did not qualify under this law because Tennessee law did not require an act of violence.  The Court ruled that any conviction that required the use of force would qualify as a misdemeanor domestic violence conviction under 18 U. S. C. §922(g)(9).  The Court's opinion can be found here: United States v. Castleman.

The practical take-away from this decision is that persons convicted of crimes must be proactive to learn exactly what they are or are not allowed to do or possess.  With this specific holding, arguments can easily be made for either side; however, the Supreme Court has spoken, making this holding binding across the land. 

The consequences of even innocent ignorance can be seen with the recent issue here in Grundy County where a man’s firearms were taken from his home because his son, who was on probation and not allowed to be in possession of a firearm, was living in his home.  There were other issues at play in that situation that are not relevant to this blog post, but the lesson to be learned remains.  If in doubt about your rights and responsibilities upon receiving a conviction (or those of family members), consult with an attorney who can explain such.  In all reality, the consequences of a conviction, especially when the result of a plea bargain, should be fully explained to you before the conviction occurs.

Be on the lookout soon for a blog post explaining the far-reaching consequences of convictions and plea bargains on immigration proceedings and why it is so important to be advised of these consequences.  Although post-conviction relief may be available in some situation, it is much better to avoid a situation where this relief is needed. 

Facing criminal proceedings and need legal representation?  Already have a conviction and want to see what its impact will be on your rights and responsibilities?  Contact The Law Office of Russell S. Mainord for a consultation today.