The following excerpt is from United States v. Gear, 985 F.3d 759 (9th Cir. 2021):
In all cases of statutory interpretation, we start with the text. Limtiaco v. Camacho , 549 U.S. 483, 488, 127 S.Ct. 1413, 167 L.Ed.2d 212 (2007). Gear's statute of conviction says that "[w]hoever knowingly violates" 18 U.S.C. 922(g) shall be subject to up to ten years imprisonment. 18 U.S.C. 924(a)(2). In turn, 922(g) provides that, subject to some exceptions, it "shall be unlawful for any person ... being an alien ... admitted to the United States under a nonimmigrant visa" to "possess in or affecting commerce, any firearm or ammunition." 18 U.S.C. 922(g)(5)(B). Read together then, federal law forbids a person from "knowingly" violating the prohibition on "being an alien ... admitted ... under a nonimmigrant visa" in possession of a firearm. 18 U.S.C. 922(g)(5)(B), 924(a)(2).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.