Domestic relationship need not be element of predicate offense for crime of unlawful possession of firearm by person with domestic violence conviction

STATUTORY CONSTRUCTION United States v. Heckenliable, No. 05-4089, ___ F.3d ___ (10th Cir. Apr. 27, 2006)(Utah). Appeal of conviction for unlawful possession of firearm by person previously convicted of misdemeanor crime of domestic violence in violation of 18 U.S.C. § 922(g)(9). HELD: Conviction for possession of firearm as person previously convicted of misdemeanor crime of domestic violence in violation of 18 U.S.C. § 922(g)(9) does not require that domestic relationship as defined in § 921(a)(33)(A)(1) be element of predicate misdemeanor offense. Read the opinion here.