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United States of America v. Russell E. Booker

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Before Lynch, Chief Judge, Lipez and Howard, Circuit Judges.

Appellants Russell Booker and Michael Wyman were convicted under 18 U.S.C. § 922(g)(9), a law that prohibits individuals convicted of a “misdemeanor crime of domestic violence” from possessing, shipping, or receiving firearms. The appellants’ convictions under § 922(g)(9) each rested on a prior misdemeanor offense under Maine’s simple assault statute. In this consolidated appeal, the appellants press two primary arguments. First, they contend that only an intentional offense can qualify as a “misdemeanor crime of domestic violence” within the meaning of § 922(g)(9), and therefore the fact of a conviction under Maine’s undifferentiated assault statute, which may be violated “intentionally, knowingly, or recklessly,” cannot alone establish the commission of a predicate domestic violence offense under § 922(g)(9). Second, the appellants argue that § 922(g)(9) unconstitutionally abridges their Second Amendment right to bear arms.*fn1 After careful consideration of each of these arguments, we find them unpersuasive. Accordingly, we affirm.

I.

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