How have the courts interpreted the statute of conviction in the context of illegal possession of a firearm?

MultiRegion, United States of America

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).

Other Questions


In what circumstances will the court allow a federal conviction for possession of a firearm by a convicted felon to be quashed? (MultiRegion, United States of America)
In what circumstances will a convicted felon be found guilty of possession of a firearm for receiving and possessing a firearm at separate times? (MultiRegion, United States of America)
In what circumstances will a defendant not only be convicted but convicted of drug possession, but of possessing and possessing heroin, not having any authority or control of the drugs? (MultiRegion, United States of America)
How have courts interpreted the manufacture statute in the context of cannabis possession cases? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
When a federal agency interprets or interprets a statute, does the interpretation or application of the statute need to be reviewed de novo? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
How have the courts interpreted the meaning of a statute in the context of the history of the statute? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
How have courts interpreted the term "destructive device" in the context of the unlawful possession of a firearm? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.