QuestionMay 28, 2025

3. It is a federal crime to possess a firearm if one has been convicted of a "misdemeanor crime of domestic violence." 18U/S/C/ 922(g)(9) Defendant was convicted in Tennessee state court of "intentionally causing physical injury" to the mother of his child. He was then charged with violation of 922(g)(9) He contended the Tennessee statute did not qualify as a "misdemeanor crime of domestic violence" because it could apply to a simple touching of a victim. Under Johnson v. United States, discussed in this chapter, he contended a "misdemeanor crime of domestic violence" required the use of "physical force" equivalent to "violent" force. The trial court agreed, and dismissed the charges. A court of appeals affirmed. The U.S. Supreme Court granted review What should it decide?Does this case present the same problem as was presented in Johnson? What kind of "physical force "was at issue in that case?Is that what "physical force"means in the statute that prohibits gun possession for a conviction of a misdemeanor crime of domestic violence?see United States v. Castleman 134 S. Ct. 1405 (2014).

3. It is a federal crime to possess a firearm if one has been convicted of a "misdemeanor crime of domestic violence." 18U/S/C/ 922(g)(9) Defendant was convicted in Tennessee state court of "intentionally causing physical injury" to the mother of his child. He was then charged with violation of 922(g)(9) He contended the Tennessee statute did not qualify as a "misdemeanor crime of domestic violence" because it could apply to a simple touching of a victim. Under Johnson v. United States, discussed in this chapter, he contended a "misdemeanor crime of domestic violence" required the use of "physical force" equivalent to "violent" force. The trial court agreed, and dismissed the charges. A court of appeals affirmed. The U.S. Supreme Court granted review What should it decide?Does this case present the same problem as was presented in Johnson? What kind of "physical force "was at issue in that case?Is that what "physical force"means in the statute that prohibits gun possession for a conviction of a misdemeanor crime of domestic violence?see United States v. Castleman 134 S. Ct. 1405 (2014).
3. It is a federal crime to possess a firearm if one has been convicted of a "misdemeanor crime of domestic violence." 18U/S/C/ 922(g)(9) Defendant was convicted in Tennessee state court of "intentionally causing physical injury" to the mother of his child. He was then charged with violation of 922(g)(9) He contended the Tennessee statute did not qualify as a "misdemeanor crime of domestic violence" because it could apply to a simple touching of a victim. Under Johnson v. United States, discussed in this chapter, he contended a "misdemeanor crime of domestic violence" required the use of "physical force" equivalent to "violent" force. The trial court agreed, and dismissed the charges. A court of appeals affirmed. The U.S. Supreme Court granted review What should it decide?Does this case present the same problem as was presented in Johnson? What kind of "physical force "was at issue in that case?Is that what "physical force"means in the statute that prohibits gun possession for a conviction of a misdemeanor crime of domestic violence?see United States v. Castleman 134 S. Ct. 1405 (2014).

Solution
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Answer

Yes, this case presents the same problem as in Johnson. The interpretation of "physical force" is central to determining if the Tennessee conviction qualifies as a "misdemeanor crime of domestic violence" under federal law. Explanation Yes, this case presents a similar issue as in Johnson v. United States, where the definition of "physical force" was scrutinized. In Johnson, the Court focused on whether the level of force required for a crime met the threshold of "violent force." The same analysis applies here regarding what constitutes "physical force" under §922(g)(9).

Explanation

Yes, this case presents a similar issue as in Johnson v. United States, where the definition of "physical force" was scrutinized. In Johnson, the Court focused on whether the level of force required for a crime met the threshold of "violent force." The same analysis applies here regarding what constitutes "physical force" under §922(g)(9).
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