Saturday, March 7, 2009

The United States VS Hayes

I will be doing “The United States VS Hayes.
In West Virginia, officers responded to a call of domestic violence and when they arrived at the location they found fire arms on Randy Hayes. He had already been convicted before of domestic violence and was not allowed to posses any because of the 1996 extension of the federal gun control act of 1968 that says that a person convicted of a domestic violence misdemeanor is not allowed to own any fire arms or ammunition. He was convicted under §§922(g)(9) and 924(a)(2) of possessing fire arms after been convicted of domestic violence. (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&navby=case&vol=000&invol=07-608 )

Hayes argued against the indictment saying that the his first charge of domestic violence did not have a domestic relationship between offender and victim as an element and therefore could not be prosecuted under the gun control act. (http://topics.law.cornell.edu/supct/cert/07-608)

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