Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

U.S. Supreme Court Gives Broad Reading to Federal Firearm Prohibition for "Domestic Violence"

Friday, March 28, 2014

Since 1996, the so-called "Lautenberg Amendment" (named for its sponsor, Senator Frank Lautenberg (D-NJ)), has banned the acquisition or possession of firearms by anyone convicted of a "misdemeanor crime of domestic violence."  Applicable crimes are limited to those that have "as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon" and that are committed by persons with a specified relationship to the victim, such as a current or former spouse or a parent.   The prohibition applies no matter when the offense occurred and can include convictions that predated the 1996 law.

Over the years, federal appellate courts have differed on what degree of "physical force" is necessary to trigger the disability.  Questions have also arisen over whether a conviction could count if it occurred under a statute that covered both acts requiring force and those that did not (such as simply scaring the victim).  Thanks to the U.S. Supreme Court's ruling last Wednesday in United States v. Castleman, one of these questions has now been resolved in a way that gives the federal prohibition its broadest possible reading.

James Alvin Castleman was convicted in Tennessee of "having intentionally or knowingly caused bodily injury" to his child's mother.  The statute in question could be violated in three separate ways: (1) intentionally, knowingly, or recklessly causing bodily injury to another; (2) intentionally or knowingly causing another reasonably to fear imminent bodily injury; or (3) intentionally or knowingly causing physical contact with another in a manner that a reasonable person would regard as extremely offensive or provocative (whether or not injury resulted).   The "injury" requirement of the first offense type was broadly defined to include a cut, abrasion, bruise, burn, disfigurement, physical pain, or temporary impairment of a bodily member, organ, or mental faculty.  Thus, the statute could be violated with no physical force whatsoever or very minor, non-injurious physical force.

Castleman claimed that his conviction did not trigger the federal disability, because Congress only meant to prohibit those convicted of domestic violence.  Thus, he claimed, the only statutes that could count were those that could only be violated by committing violent (or more than nominal) physical force.  A statute that could be violated by mere offensive touching (pushing, shoving, poking, grabbing, etc.) should not count.

The Court disagreed and found that as long as the statute required some degree of offensive physical contact for a violation to occur, a conviction under that statute would trigger the federal disability.  It did not, however, reach the question of whether broad statutes like Tennessee's, which could be violated with or without force, would always be counted.  This was because Castleman had admitted he was convicted under the most demanding test of the statute, that requiring actual physical injury.  The Court reasoned that any injury, no matter how slight, must require the use of at least some "physical force."

The Court provided a number of rationales for its holding.  It reasoned, for example, that that "domestic violence" is not violence in the commonly understood sense but in the broader sense of an accumulation of acts over time that established one person's control over another.  Thus, it could include not just injurious abuse but more minor physical acts including hitting, slapping, shoving, pushing, grabbing, pinching, scratching, shaking, twisting, spitting, or restraining.  The Court acknowledged that "most physical assaults committed against women and men by intimates are minor …."  Nevertheless, it also opined, "If a seemingly minor act like this draws the attention of authorities and leads to a successful pros­ecution for a misdemeanor offense, it does not offend common sense or the English language to characterize the resulting conviction as a 'misdemeanor crime of domestic violence.'" 

Importantly, the Court did not resolve the important question of whether so broad an application of the statute (and the resulting lifetime loss of the right to acquire and possess firearms) would violate the Second Amendment.  Essentially, it ruled that question was not properly before it and would have to be resolved in another case.

Besides applying to a broader range of convictions in the future, this ruling also means that prior convictions will become subject to the new rule in those jurisdictions that had embraced a narrower reading of the federal statute.  Federally licensed dealers are thus being notified that some customers who had formerly passed NICS checks may now be subject to denials.

The Court's interpretation of the statute is final and authoritative.  It can now only be changed by Congress.  Whether that will happen or whether a Second Amendment challenge will be brought to a broad application of the statute are questions only time will tell.

TRENDING NOW
Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

News  

Monday, January 26, 2026

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

On Tuesday, Jan. 20, the U.S. Supreme Court held oral arguments in a Second Amendment case that asked whether handgun carry licensees could be presumptively banned from carrying their arms onto publicly accessible private property. 

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

News  

Monday, January 26, 2026

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

On Jan. 22, ATF published an interim final rule (IFR) that revises the agency’s approach to determining who is an “unlawful user of or addicted to any controlled substance” and therefore prohibited from owning or receiving firearms ...

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

News  

Monday, January 26, 2026

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

As America gets ready to embark on its 250th birthday celebrations, it’s a good time to assess and appreciate how lucky we are, with constitutional protections of speech and gun rights. Nothing puts that into ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Second Amendment Momentum: Quick Takeaways from SHOT Show

News  

Monday, January 26, 2026

Second Amendment Momentum: Quick Takeaways from SHOT Show

Last week’s 48th annual SHOT (Shooting, Hunting, and Outdoor Trade) Show hosted by the National Shooting Sports Foundation (NSSF)) showcased not only the latest and greatest guns and gear, but an invigorated and promising outlook for the Second ...

Virginia: Multiple Gun Control Bills Up in Committee on Monday

Friday, January 23, 2026

Virginia: Multiple Gun Control Bills Up in Committee on Monday

On Monday, January 26th, the Senate Courts of Justice committee will hold a hearing on over a dozen gun control bills, including semi-automatic bans and concealed carry prohibitions. The hearing will begin at 8am.

Grassroots Spotlight – VCDL Lobby Day

News  

Monday, January 26, 2026

Grassroots Spotlight – VCDL Lobby Day

On January 19th, grassroots activists came together in Richmond for the Virginia Citizens Defense League (VCDL) Lobby Day, and it was a resounding success.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

Virginia: Gun Bills in Committee This Thursday

Tuesday, January 20, 2026

Virginia: Gun Bills in Committee This Thursday

On Thursday, January 23rd, the House Public Safety Subcommittee – Firearms will hold a hearing on several pro-gun measures.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.