Issue is whether to qualify under a misdemeanor crime of domestic violence under 18 USC 921(a)(33) an offense must have as an element a domestic relationship between offender and victim. If so, 18 USC 922(g)((9) makes it a crime for any person convicted of a misdemeanor crime of domestic violence to possess a firearm.

Hayes was convicted in 1994 of misdeamor battery for striking wife. In 2004 Hayes got into argument with his then girlfriend, leading to police being called to the scene. After consenting to search, police found the guns and charged with a violation of 18 USC 922 (g)(9) which makes it a felony for anyone convicted of a misdemeanor crime of domestic violence to possess a firearm.

Hayes argues in this case that a 1994 battery conviction was not a misdemeanor crime of domestic violence under the W.V. Statute because the statute does not have as an element a domestic relationship between offender and victim, even though the victim was in fact his wife. The 4th Circuit agreed with this argument, holding that the statute did not contain a domestic relationship element, leading to this appeal.