18 U. S. C. §922(g)(9) created a federal crime to possess a firearm by persons convicted of “a misdemeanor crime of domestic violence”. 

Persons convicted of Criminal Domestic Violence (CDV) lose their right to possess a firearm and face stiff federal sentences if they are caught with a firearm.  Some prosecutors make plea bargains to plead guilty to simple assault under the reason that the person could still carry a firearm.  Anyone thinking of this BEWARE.

In February 2009 the United States Supreme Court decided U.S. v. Hayes 555 U.S. ___ (2009).

The Court held that 18 U. S. C. §922(g)(9) - includes general assault cases where "domestic relationship" is not an element.  Although the government must prove the relationship beyond a reasonable doubt to convict under §922(g)(9).  What does this mean?  Even if you were not originally charged with CDV, if you were convicted of simple assault, and you get caught with a firearm, you could be charged with a federal offense.  All the government has to prove is that the victim of your simple assault case was a spouse or former partner. 

This is not good. There are probably people out the who have concealed weapon permits (CWP) who were convicted of simple assault in this manner.  In most states, a conviction for simple assault will not prohibit a person from obtaining a CWP.  The states don't check to see whether an old simple assault ticket involved a domestic partner. Sometimes these tickets do not even make it onto NCIC. 

Justice Roberts dissent in Hayes makes perfect sense. The law applies to a "misdemeanor crime of DOMESTIC VIOLENCE". Not a "misdemeanor crime of simple assault".

It's one thing when the legislature changes someone's status after the fact, but the Supreme Court?