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Under 18 U.S.C. § 922(g)(9) , a person may not possess a gun if he has been convicted of a "misdemeanor crime of domestic violence." A "misdemeanor crime of domestic violence" is a misdemeanor that (1) has , as an element , the use or attempted use of physical force, and (2) is committed by a person in a specified domestic relationship. United States v. Hayes , 555 U.S. 415, 426 (2009) (discussing 18 U.S. C. § 921(a)(33)(A)).
In Rehaif v. United States , 139 S. Ct. 2191 (2019) , this Court held that in a § 922(g) prosecution, the government must prove that when a defendant possessed a gun, the defendant knew his status as a prohibited person —even if that means the government m ust prove that a defendant had knowledge of the law.
The question presented, on which the circuits are split, is:
Whether, in a § 922(g)(9) prosecution, Rehaif requires the government to prove that a defendant knew his conviction qualified as a "misdemeanor crime of domestic violence," including that his prior offense had, as an element, the use or attempted use of physical force.
Whether a defendant must know his prior conviction qualified as a 'misdemeanor crime of domestic violence' under 18 U.S.C. § 922(g)(9)