OPINION OF THE COURT
UNITED STATES V. HAYES
555 U. S. ____ (2009)
SUPREME COURT OF THE UNITED STATES
NO. 07-608
UNITED STATES, PETITIONER
v. RANDY EDWARD
HAYES
on writ of certiorari to the united states court of
appeals for the fourth circuit
[February 24, 2009]
Justice Ginsburg delivered the
opinion of the Court.*
The federal Gun Control Act of
1968, 18 U. S. C. §921
et seq., has long prohibited
possession of a firearm by any person convicted of a felony. In
1996, Congress extended the prohibition to include persons
convicted of “a misdemeanor crime of domestic violence.”
§922(g)(9). The definition of “misdemeanor crime of domestic
violence,” contained in §921(a)(33)(A), is at issue in this case.
Does that term cover a misdemeanor battery whenever the battered
victim was in fact the offender’s spouse (or other relation
specified in §921(a)(33)(A))? Or, to trigger the possession ban,
must the predicate misdemeanor identify as an element of the crime
a domestic relationship between aggressor and victim? We hold that
the domestic relationship, although it must be established beyond a
reasonable doubt in a §922(g)(9) firearms possession prosecution,
need not be a defining element of the predicate offense.
I
In 2004, law enforcement officers
in Marion County, West Virginia, came to the home of Randy Edward
Hayes in response to a 911 call reporting domestic violence. Hayes
consented to a search of his home, and the officers discovered a
rifle. Further investigation revealed that Hayes had recently
possessed several other firearms as well. Based on this evidence, a
federal grand jury returned an indictment in 2005, charging Hayes,
under §§922(g)(9) and 924(a)(2), with three counts of possessing
firearms after having been convicted of a misdemeanor crime of
domestic violence.
The indictment identified Hayes’s
predicate misdemeanor crime of domestic violence as a 1994
conviction for battery in violation of West Virginia law.[
Footnote 1] The victim of that battery,
the indictment alleged, was Hayes’s then-wife—a person who “shared
a child in common” with Hayes and “who was cohabitating with . . .
him as a spouse.” App. 3.[
Footnote
2]
Asserting that his 1994 West Virginia battery
conviction did not qualify as a predicate offense under §922(g)(9),
Hayes moved to dismiss the indictment. Section 922(g)(9), Hayes
maintained, applies only to persons previously convicted of an
offense that has as an element a domestic relationship between
aggressor and victim. The West Virginia statute under which he was
convicted in 1994, Hayes observed, was a generic battery
proscription, not a law designating a domestic relationship between
offender and victim as an element of the offense. The United States
District Court for the Northern District of West Virginia rejected
Hayes’s argument and denied his motion to dismiss the indictment.
377 F. Supp. 2d 540, 541–542 (2005). Hayes then entered a
conditional guilty plea and appealed.
In a 2-to-1 decision, the United States Court
of Appeals for the Fourth Circuit reversed. A §922(g)(9) predicate
offense, the Court of Appeals held, must “have as an element a
domestic relationship between the offender and the victim.” 482
F. 3d 749, 751 (2007). In so ruling, the Fourth Circuit
created a split between itself and the nine other Courts of Appeals
that had previously published opinions deciding the same
question.[
Footnote 3] According
to those courts, §922(g)(9) does not require that the offense
predicate to the defendant’s firearm possession conviction have as
an element a domestic relationship between offender and victim. We
granted certiorari, 552 U. S. ___ (2008), to resolve this
conflict.
II
Section 922(g)(9) makes it
“unlawful for any person … who has been convicted in any court of a
misdemeanor crime of domestic violence … [to] possess in or
affecting commerce, any firearm or ammunition.” Section
921(a)(33)(A) defines “misdemeanor crime of domestic violence” as
follows:
“[T]he term ‘misdemeanor crime of domestic
violence’ means an offense that—
“(i) is a misdemeanor under Federal, State, or
Tribal law; and
“(ii) has, as an element, the use or attempted
use of physical force, or the threatened use of a deadly weapon,
committed by a current or former spouse, parent, or guardian of the
victim, by a person with whom the victim shares a child in common,
by a person who is cohabitating with or has cohabitated with the
victim as a spouse, parent, or guardian, or by a person similarly
situated to a spouse, parent, or guardian of the victim” (footnotes
omitted).
This definition, all agree,
imposes two requirements: First, a “misdemeanor crime of domestic
violence” must have, “as an element, the use or attempted use of
physical force, or the threatened use of a deadly weapon.” Second,
it must be “committed by” a person who has a specified domestic
relationship with the victim. The question here is whether the
language of §921(a)(33)(A) calls for a further limitation: Must the
statute describing the predicate offense include, as a discrete
element, the existence of a domestic relationship between offender
and victim? In line with the large majority of the Courts of
Appeals, we conclude that §921(a)(33)(A) does not require a
predicate-offense statute of that specificity. Instead, in a
§922(g)(9) prosecution, it suffices for the Government to charge
and prove a prior conviction that was, in fact, for “an offense …
committed by” the defendant against a spouse or other domestic
victim.
We note as an initial matter that
§921(a)(33)(A) uses the word “element” in the singular, which
suggests that Congress intended to describe only one required
element. Immediately following the word “element,”
§921(a)(33)(A)(ii) refers to the use of force (undoubtedly a
required element) and thereafter to the relationship between
aggressor and victim,
e.g., a current or former spouse.
The manner in which the offender acts, and the offender’s
relationship with the victim, are “conceptually distinct
attributes.”
United States v.
Meade, 175
F. 3d 215, 218 (CA1 1999).[
Footnote 4] Had Congress meant to make the latter as well
as the former an element of the predicate offense, it likely would
have used the plural “elements,” as it has done in other
offense-defining provisions. See,
e.g., 18 U. S. C.
§3559(c)(2)(A) (“[T]he term ‘assault with intent to commit rape’
means an offense that has as its elements engaging in physical
contact with another person or using or brandishing a weapon
against another person with intent to commit aggravated sexual
abuse or sexual abuse.”). Cf. Black’s Law Dictionary 559 (8th ed.
2004) (defining “element” as “[a] constituent part of a claim that
must be proved for the claim to succeed <Burke failed to prove
the element of proximate cause in prosecuting his negligence
claim>”).[
Footnote 5]
Treating the relationship between aggressor
and victim as an element of the predicate offense is also awkward
as a matter of syntax. It requires the reader to regard “the use or
attempted use of physical force, or the threatened use of a deadly
weapon” as an expression modified by the relative clause “committed
by.” In ordinary usage, however, we would not say that a person
“commit[s]” a “use.” It is more natural to say that a person
“commit[s]” an “offense.” See,
e.g.,
United
States v.
Belless, 338 F. 3d 1063, 1066 (CA9
2003) (“One can ‘commit’ a crime or an offense, but one does not
‘commit’ ‘force’ or ‘use.’ ”).
In reaching the conclusion that §921(a)(33)(A)
renders both the use of force and a domestic relationship between
aggressor and victim necessary elements of a qualifying predicate
offense, the Fourth Circuit majority relied on two textual
arguments. First, the court noted that clause (ii) is separated
from clause (i) by a line break and a semicolon; in contrast, the
components of clause (ii)—force and domestic relationship—are
joined in an unbroken word flow. See 482 F. 3d, at 753.
Had Congress placed the “committed by” phrase
in its own clause, set off from clause (ii) by a semicolon or a
line break, the lawmakers might have better conveyed that
“committed by” modifies only “offense” and not “use” or “element.”
Congress’ less-than-meticulous drafting, however, hardly shows that
the legislators meant to exclude from §922(g)(9)’s firearm
possession prohibition domes- tic abusers convicted under generic
assault or battery provisions.
As structured, §921(a)(33)(A) defines
“misdemeanor crime of domestic violence” by addressing in clause
(i) the meaning of “misdemeanor” and, in turn, in clause (ii),
“crime of domestic violence.” Because a “crime of domestic
violence” involves both a use of force and a domestic relationship,
joining these features together in clause (ii) would make sense
even if Congress had no design to confine laws qualifying under
§921(a)(33)(A) to those designating as elements both use of force
and domestic relationship between aggressor and victim. See
id., at 761 (Williams, J., dissenting). See also
United States v.
Barnes, 295 F. 3d 1354,
1358–1360, 1361 (CADC 2002) (“The fact that the Congress somewhat
awkwardly included the ‘committed by’ phrase in subpart (ii)
(instead of adding a subpart (iii)) is not significant in view of
the
unnatural reading that would result if ‘committed by’
were construed to modify ‘use of force.’ ”).
A related statutory provision, 25 U.
S. C. §2803(3)(C), indicates that Congress did not ascribe
substantive significance to the placement of line breaks and
semicolons in 18 U. S. C. §921(a)(33)(A). In 2006, Congress
amended §921(a)(33)(A)(i) to include misdemeanors under “[t]ribal
law” as predicate offenses. As a companion measure, Congress
simultaneously enacted §2803(3)(C), which employs use-of-force and
domestic-relationship language virtually identical to the language
earlier placed in §921(a)(33)(A)(i), except that §2803(3)(C) uses
no semicolon or line break.
Section 2803(3)(C) authorizes federal agents
to “make an arrest without a warrant for an offense committed in
Indian country if—”
“the offense is a misdemeanor crime of domestic violence … and
has, as an element, the use or attempted use of physical force, or
the threatened use of a deadly weapon, committed by a current or
former spouse, parent, or guardian of the victim, by a person with
whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse,
parent, or guardian, or by a person similarly situated to a spouse,
parent or guardian of the victim . . . .”
At the time Congress enacted §2803(3)(C), the
Courts of Appeals uniformly agreed that §921(a)(33)(A) did not
limit predicate offenses to statutory texts specifying both a use
of force and a domestic relationship as offense elements. Congress
presumably knew how §921(a)(33)(A) had been construed, and
presumably intended §2803(3)(C) to bear the same meaning. See
Merrill Lynch, Pierce, Fenner & Smith Inc. v.
Dabit,
547
U. S. 71, 85–86 (2006) (“[W]hen ‘judicial interpretations have
settled the meaning of an existing statutory provision, repetition
of the same language in a new statute indicates, as a general
matter, the intent to incorporate its … judicial interpretations as
well.’ ” (quoting
Bragdon v.
Abbott,
524 U. S. 624,
645 (1998))). Relying on spacing and punctuation to hem in
§921(a)(33)(A), while reading §2803(3)(C) to contain no similar
limitation, would create a disjunction between these two provisions
that Congress could not have intended.
As a second justification for its construction
of §921(a)(33)(A), the Court of Appeals invoked the “rule of the
last antecedent,” under which “a limiting clause or phrase . . .
should ordinarily be read as modifying only the noun or phrase that
it immediately follows.”
Barnhart v.
Thomas,
540 U. S. 20, 26
(2003). The words “committed by” immediately follow the
use-of-force language, the court observed, and therefore should be
read to modify that phrase, not the earlier word “offense.” See 482
F. 3d, at 753–755. The rule of the last antecedent, however,
“is not an absolute and can assuredly be overcome by other indicia
of meaning.”
Barnhart, 540 U. S., at 26.[
Footnote 6]
Applying the rule of the last antecedent here
would require us to accept two unlikely premises: that Congress
employed the singular “element” to encompass two distinct concepts,
and that it adopted the awkward construction “commi[t]” a “use.”
See
supra, at 5–6. Moreover, as the dissent acknowledges,
post, at 4, the last-antecedent rule would render the word
“committed” superfluous: Congress could have conveyed the same
meaning by referring simply to “the use … of physical force … by a
current or former spouse … .” See Tr. of Oral Arg. 29.
“Committed” retains its operative meaning only if it is read to
modify “offense.”
Most sensibly read, then, §921(a)(33)(A)
defines “misdemeanor crime of domestic violence” as a misdemeanor
offense that (1) “has, as an element, the use [of force],” and (2)
is committed by a person who has a specified domestic relationship
with the victim. To obtain a conviction in a §922(g)(9)
prosecution, the Government must prove beyond a reasonable doubt
that the victim of the predicate offense was the defendant’s
current or former spouse or was related to the defendant in another
specified way. But that relationship, while it must be established,
need not be denominated an element of the predicate
offense.[
Footnote 7]
III
Practical considerations strongly
support our reading of §921(a)(33)(A)’s language. Existing
felon-in-possession laws, Congress recognized, were not keeping
firearms out of the hands of domestic abusers, because “many people
who engage in serious spousal or child abuse ultimately are not
charged with or convicted of felonies.” 142 Cong. Rec. 22985 (1996)
(statement of Sen. Lautenberg). By extending the federal firearm
prohibition to persons convicted of “misdemeanor crime[s] of
domestic violence,” proponents of §922(g)(9) sought to “close this
dangerous loophole.”
Id., at 22986.
Construing §922(g)(9) to exclude
the domestic abuser convicted under a generic use-of-force statute
(one that does not designate a domestic relationship as an element
of the offense) would frustrate Congress’ manifest purpose.
Firearms and domestic strife are a potentially deadly combination
nationwide. See,
e.g., Brief for Brady Center to Prevent
Gun Violence et al. as
Amici Curiae 8–15; Brief for
National Network to End Domestic Violence et al. as
Amici
Curiae 2–8. Yet, as interpreted by the Fourth Circuit,
§922(g)(9) would have been “a dead letter” in some two-thirds of
the States from the very moment of its enactment. 482 F. 3d,
at 762 (Williams, J., dissenting).
As of 1996, only about one-third of the States
had criminal statutes that specifically proscribed
domestic violence. See Brief for United States 23,
n. 8.[
Footnote 8] Even in
those States, domestic abusers were (and are) routinely prosecuted
under generally applicable assault or battery laws. See Tr. of Oral
Arg. 19. And no statute defining a distinct federal misdemeanor
designated as an element of the offense a domestic relationship
between aggressor and victim. Yet Congress defined “misdemeanor
crime of domestic violence” to include “misdemeanor[s] under
Federal … law.” §921(a)(33)(A)(i). Given the paucity of state and
federal statutes targeting
domestic violence, we find it
highly improbable that Congress meant to extend §922(g)(9)’s
firearm possession ban only to the relatively few domestic abusers
prosecuted under laws rendering a domestic relationship an element
of the offense. See
Barnes, 295 F. 3d, at 1364
(rejecting the view that “Congress remedied one disparity—between
felony and misdemeanor domestic violence convictions—while at the
same time creating a new disparity among (and sometimes, within)
states”).[
Footnote 9]
The measure that became §922(g)(9) and
§921(a)(33)(A), Hayes acknowledges, initially may have had a
broadly remedial purpose, see Brief for Respondent 28–29, but the
text of the proposal, he maintains, was revised and narrowed while
the measure remained in the congressional hopper. The compromise
reflected in the text that gained passage, Hayes argues, restricted
the legislation to offenses specifically denominating a domestic
relationship as a defining element. The changes Hayes identifies,
however, do not corroborate his argument.
Congress did revise the language of
§921(a)(33)(A) to spell out the use-of-force requirement. The
proposed legislation initially described the predicate
domestic-violence offense as a “crime of violence … committed by” a
person who had a domestic relationship with the victim. 142 Cong.
Rec. 5840. The final version replaced the unelaborated phrase
“crime of violence” with the phrase “has, as an element, the use or
attempted use of physical force, or the threatened use of a deadly
weapon.” This apparently last-minute insertion may help to explain
some of the syntactical awkwardness of the enacted language, but it
does not evince an intention to convert the “committed by” phrase
into a required element of the predicate offense.
Indeed, in a floor statement discussing the
revised version of §922(g)(9), Senator Frank Lautenberg, the
sponsor of the provision, observed that a domestic relationship
between aggressor and victim often would not be a designated
element of the predicate offense:
“[C]onvictions for domestic violence-related crimes
often are for crimes, such as assault, that are not explicitly
identified as related to domestic violence. Therefore, it will not
always be possible for law enforcement authorities to determine
from the face of someone’s criminal record whether a particular
misdemeanor conviction involves domestic violence, as defined in
the new law.”
Id., at 26675.
The remarks of a single Senator are “not
controlling,”
Consumer Product Safety Comm’n v.
GTE
Sylvania, Inc.,
447 U. S. 102, 118
(1980), but, as Hayes recognizes, the legislative record is
otherwise “absolutely silent.” See Tr. of Oral Arg. 32, 35. It
contains no suggestion that Congress intended to confine §922(g)(9)
to abusers who had violated statutes rendering the domestic
relationship between aggressor and victim an element of the
offense.
IV
The rule of lenity, Hayes
contends, provides an additional reason to construe §922(g)(9) and
§921(a)(33)(A) to apply only to predicate offenses that specify a
domestic relationship as an element of the crime. “[T]he touchstone
of the rule of lenity is statutory ambiguity.”
Bifulco v.
United States,
447 U. S. 381, 387
(1980) (internal quotation marks omitted). We apply the rule “only
when, after consulting traditional canons of statutory
construction, we are left with an ambiguous statute.”
United
States v.
Shabani,
513 U. S. 10, 17 (1994).
Section 921(a)(33)(A)’s definition of “misdemeanor crime of
domestic violence,” we acknowledge, is not a model of the careful
drafter’s art. See
Barnes, 295 F. 3d, at 1356. But
neither is it “grievous[ly] ambigu[ous].”
Huddleston v.
United States,
415 U. S. 814, 831
(1974). The text, context, purpose, and what little there is of
drafting history all point in the same direction: Congress defined
“misdemeanor crime of domestic violence” to include an offense
“committed by” a person who had a specified domestic relationship
with the victim, whether or not the misdemeanor statute itself
designates the domestic relationship as an element of the
crime.
* * *
For the reasons stated, the
judgment of the United States Court of Appeals for the Fourth
Circuit is reversed, and the case is remanded for further
proceedings consistent with this opinion.
It is so ordered.
* Justice Thomas joins all but Part III of
this opinion.
Footnote 1
West Virginia’s battery statute provides:
“[A]ny person [who] unlawfully and intentionally makes physical
contact of an insulting or provoking nature with the person of
another or unlawfully and intentionally causes physical harm to
another person, … shall be guilty of a misdemeanor.” W. Va.
Code Ann. §61–2–9(c) (Lexis 2005).
Footnote 2
The indictment stated, in relevant part:
“Defendant RANDY EDWARD HAYES’ February 24, 1994 Battery
conviction … constituted a misdemeanor crime of domestic violence
because:
“a. Battery is a misdemeanor under State law in West
Virginia;
“b. Battery has, as an element, the use and attempted use of
physical force;
“c. Defendant RANDY EDWARD HAYES committed the offense of
Battery against the victim:
“i. who was his current spouse; and
“ii. who was a person with whom he shared a child in common;
and
“iii. who was cohabitating with and had cohabitated with him as
a spouse.” App. 2–3 (bold typeface deleted).
Footnote 3
See
United States v.
Heckenliable, 446 F. 3d 1048, 1049 (CA10 2006);
United States v.
Belless, 338 F. 3d 1063,
1067 (CA9 2003);
White v.
Department of Justice,
328 F. 3d 1361, 1364–1367 (CA Fed. 2003);
United
States v.
Shelton, 325 F. 3d 553, 562 (CA5
2003);
United States v.
Kavoukian, 315 F. 3d
139, 142–144 (CA2 2002);
United States v.
Barnes,
295 F. 3d 1354, 1358–1361 (CADC 2002);
United States
v.
Chavez, 204 F. 3d 1305, 1313–1314 (CA11 2000);
United States v.
Meade, 175 F. 3d 215,
218–221 (CA1 1999);
United States v.
Smith, 171
F. 3d 617, 619–621 (CA8 1999).
Footnote 4
Hayes observes, see Brief for Respondent
24–25, that Congress has used the singular “element” in defining a
“crime of violence” to require both an action (the use of force)
and its object (the person of another). See,
e.g., 18 U.
S. C. §16(a) (defining “crime of violence” as “an offense that
has as an element the use, attempted use, or threatened use of
physical force against the person or property of another”).
Although one might conceive of an action and its object as separate
elements, it is unsurprising that Congress would have chosen to
denominate “the use of force against another” as a single,
undifferentiated element. In contrast, the two requirements set out
in §921(a)(33)(A)(ii)—the use of force and the existence of a
specified relationship between aggressor and victim—are not readily
conceptualized as a single element.
Footnote 5
Invoking the Dictionary Act, Hayes contends
that the singular “element” encompasses the plural “elements.” See
Brief for Respondent 25. The Dictionary Act provides that, “unless
the context indicates otherwise,” “words importing the singular
include and apply to several persons, parties, or things.” 1 U.
S. C. §1. On the rare occasions when we have relied on this
rule, doing so was “necessary to carry out the evident intent of
the statute.”
First Nat. Bank in St. Louis v.
Missouri,
263 U. S. 640, 657
(1924). As we explain
infra, at 10–12, Hayes’s reading of
18 U. S. C. §921(a)(33)(A) does not accord with Congress’ aim
in extending the gun possession ban.
Footnote 6
As the United States points out, the Court of
Appeals “itself recognized the flexibility of the rule [of the last
antecedent].” Brief for United States 20, n. 7. Under a strict
application of the rule, the “committed by” phrase would modify
only its immediate antecedent,
i.e., “the threatened use
of a deadly weapon,” and not the entire phrase “use or attempted
use of physical force, or the threatened use of a deadly weapon.”
The court rightly regarded such a reading as implausible. See 482
F. 3d 749, 755 (CA4 2007).
Footnote 7
We find it not at all “surprising”—indeed, it
seems to us “most natural”—to read §921(a)(33)(A) to convey that a
person convicted of battering a spouse or other domestic victim has
committed a “crime of domestic violence,” whether or not the
statute of conviction happens to contain a domestic-relationship
element. Cf.
post, at 2.
Footnote 8
Additional States have enacted such statutes
since 1996, but about one-half of the States still prosecute
domestic violence exclusively under generally applicable criminal
laws. See Brief for United States 23–24, and n. 9.
Footnote 9
Generally, as in this case, it would entail
no “ ‘elaborate factfinding process,’ ” cf.
post, at 7, to determine whether the victim of a violent
assault was the perpetrator’s “current or former spouse” or bore
one of the other domestic relationships specified in
§921(a)(33)(A)(ii) to the perpetrator.
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