Commentary and Summaries of Federal Criminal Cases Decided by the U.S. Court of Appeals for the Tenth Circuit
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Friday, December 10, 2004
FIREARMS POSSESSION
United States v. Jones,
No. 03-3377, ___ F.3d ___(10th Cir. Dec. 8, 2004)(Kansas).
Appeal of conviction for possession of ammunition by convicted felon in violation of 18 U.S.C. 922(g).
HELD: Under Kansas statute, ten year prohibition against possession of firearm is triggered by conviction for a specified crime (i.e., aggravated assault on law enforcement officer) or release from imprisonment for such crime (absent expungement or pardon). Thus, where defendant had been convicted of aggravated assault on law enforcement officer in 1992 , but served no prison time, his right to possess firearm had not yet been restored at time he was found in possession of ammunition in 2000. Accordingly, 18 U.S.C. 922(g)(1)'s exception, permitting convicted felon to possess firearm or ammunition if his civil rights were restored, did not apply to defendant.
Read the opinion here.
russwheeler 4:59 PM - [Link]
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