United States v. Booker, No. 09-1810 (1st Cir. 2011)
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Defendants were convicted under 18 U.S.C. 922(g), a law that prohibits individuals convicted of a "misdemeanor crime of domestic violence" from possessing, shipping, or receiving firearms, based on prior misdemeanor offense under Maine's simple assault statute. The First Circuit affirmed. The federal statute does not include a mens rea requirement, so a predicate crime of domestic violence based on reckless behavior satisfies the statute. The statute is not ambiguous so as to require lenient interpretation. Rejecting a Second Amendment argument, the court analogized the federal felon disqualification. The prohibition has a substantial relationship to an important government interest.
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