Does the existence of a domestic relationship constitute a defining element in the possession of a firearm under the Gun Control Act?

California, United States of America

The following excerpt is from James v. State, 162 Cal.Rptr.3d 580 (Cal. App. 2013):

³ Although the existence of a domestic relationship must be established beyond a reasonable doubt in a firearms possession prosecution under the Act, it "need not be a defining element of the predicate offense." (United States v. Hayes, supra, 555 U.S. at p. 418, 129 S.Ct. 1079.)

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Does the existence of a domestic relationship constitute a defining element in the possession of a firearm under the Gun Control Act?

³ Although the existence of a domestic relationship must be established beyond a reasonable doubt in a firearms possession prosecution under the Act, it "need not be a defining element of the predicate offense." (United States v. Hayes, supra, 555 U.S. at p. 418, 129 S.Ct. 1079.)

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Does the existence of a domestic relationship constitute a defining element in the possession of a firearm under the Gun Control Act?

3 Although the existence of a domestic relationship must be established beyond a reasonable doubt in a firearms possession prosecution under the Act, it "need not be a defining element of the predicate offense." (United States v. Hayes, supra, 555 U.S. at p. 418, 129 S.Ct. 1079.)

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³ Although the existence of a domestic relationship must be established beyond a reasonable doubt in a firearms possession prosecution under the Act, it "need not be a defining element of the predicate offense." (United States v. Hayes, supra, 555 U.S. at p. 418, 129 S.Ct. 1079.)