Monday, June 27, 2016

Voisine v. United States - Ban on guns for domestic abusers upheld

Second Amendment rights are not absolute.

- Click here for background from Oyez.

- Click here for info from Scotusblog.

Issue: Whether a misdemeanor crime with the mens rea of recklessness qualifies as a "misdemeanor crime of domestic violence" as defined by 18 U.S.C. §§ 921(a)(33)(A) and 922(g)(9).

Mens rea translates as guilty mind.

Most crimes require what attorneys refer to as "mens rea", which is simply Latin for a "guilty mind". In other words, what a defendant was thinking and what the defendant intended when the crime was committed matters. Mens rea allows the criminal justice system to differentiate between someone who did not mean to commit a crime and someone who intentionally set out to commit a crime.

From the Volokh Conspiracy: When Justices Thomas and Sotomayor dissent together.