Scalise v. Davis

Summary

The Nebraska Supreme Court affirmed the district court’s judgment upholding the denial of Nicholas N. Scalise’s application for a handgun certificate. The court held that his Nebraska third-degree assault conviction could qualify as a federal misdemeanor crime of domestic violence under 18 U.S.C. § 922(g)(9), applying a circumstance-specific approach to the domestic-relationship requirement and a modified categorical approach to the use-of-force requirement. The court also rejected or declined to address Scalise’s notice and constitutional arguments.

Holdings

1. A conviction for third degree assault under Neb. Rev. Stat. § 28-310 can qualify as a misdemeanor crime of domestic violence if the conviction was for causing bodily injury (alternative (a)) and the offender had a specified domestic relationship with the victim. Courts should employ the circumstance-specific approach to the domestic relationship requirement and the modified categorical approach to the use of force requirement.
2. The record shows the county court gave Scalise the requisite advisement, so the argument is meritless.

Questions Presented

1. Whether Scalise's third degree assault conviction qualifies as a 'misdemeanor crime of domestic violence' under 18 U.S.C. § 922(g)(9) and 18 U.S.C. § 921(a)(33)(A).
2. Whether the county court failed to give Scalise notice that his conviction could affect his right to possess firearms under Neb. Rev. Stat. § 29-2291.

Disposition

affirmed