Can Virginians convicted of domestic battery possess a firearm?
Wonderful. White was convicted in a Virginia Juvenile & Domestic Relations Court (J&DR) of domestic assault and battery (Va Code 18.2-57.2). The warrant just stated a bare allegation that White had violated the statute without any supporting facts. After the J&DR conviction, in a later, unrelated event, White was found to be in possession of a firearm and convicted of possessing a firearm after having “been convicted . . . of a misdemeanor crime of domestic violence” under 18 USC 922(g)(9). In this decision, the 4th Circuit Court of Appeals had to decide whether both Virginia’s domestic assault and battery statute and federal code under 18 USC 922 require violent contact as an element. The 4th determines that Virginia case law only requires an unwanted touching in anger and nothing more. This can mean spitting on someone, or any slight “touching of another, or of his clothes, or cane, or anything else attached to his person, if done in a rude, insolent, or angry manner.” In other words
