Title: The Quiet Army: Felon Firearm Rights Restoration in the Fourth Circuit
Abstract: IntroductionAlthough most felony convictions are imposed by state courts, they frequently embody adverse, incidental, federal consequences. Title 18 U.S.C. § 922(g)(1), the federal felon in possession statute, is a principal example. It states:It shall be unlawful for any person ... who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year ... to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.5This statute plainly states that individuals convicted of felonies and many misdemeanants are barred from all physical contact with firearms. So are all felons barred from accessing firearms forever? Not necessarily. Even in the absence of a presidential or gubernatorial pardon, states including Virginia afford a proceeding under state law designed to relieve firearms disabilities of citizens who have erred in the past-often in their youth and frequently by non-violent means-and who have emerged from the criminal justice system to become successful and law-abiding citizens.6 Many of these individuals wish to again realize the full benefits of citizenship afforded through participation in the political process and the ability to acquire firearms, including inheriting a relative's collection, for self-defense, to target shoot with their children, to hunt, or for myriads of other lawful purposes. However, the post-felony-conviction interplay between state rights-restoration processes and firearm disabilities law is nuanced and rote with ambiguity, so this path must be traversed with caution.Because the conventional wisdom is that felons are the types of individuals who should be prohibited from physical contact with firearms-and because felons find few advocates in the political process-this is the first law review article to explore the legal landmines surrounding the firearm rights restoration process for convicted felons. In an attempt to help state-convicted felons and the attorneys who advise them avoid making bad decisions resulting from good-faith mistakes, this Article argues that the overwhelming weight of the evidence in the Fourth Circuit indicates that stateconvicted felons who have had the ability to vote, hold office, and serve on a jury returned to them (by operation of law or, as in Virginia, upon written request to the governor through the Secretary of the Commonwealth) and who, where necessary, have taken affirmative steps to have their firearms rights restored in accordance with all other applicable state rights-restoration provisions (we'll call them rehabilitated state-convicted felons), are relieved of the collateral federal firearm disability imposed by 18 U.S.C. § 922(g)(1) (the federal felon in possession statute) pursuant to the exception provided in 18 U.S.C. § 921(a)(20) and applicable Virginia law.I. A Vague U.S. Supreme Court Decision Yields Vague Circuit Court DecisionsThe early 1990s saw the initial outpouring of state rights-restoration cases in U.S. courts of appeals, although only two reached the U.S. Supreme Court.7 The first case to reach the high Court involved the consequences of a federal felony conviction,8 but the second involved the consequences of a state felony conviction.9 This distinction matters. We'll start with the case dealing with state felony convictions first. Caron v. United States addressed a situation where a state-convicted felon's rights were partially restored upon his release from incarceration.10 Caron's rights to shotguns and rifles were restored under state law, but state law forbade him from possessing handguns.11 Despite being permitted by Massachusetts state law to possess certain types of firearms,the U.S. Attorney's Office charged him with violating 18U.S.C. § 922(g)(1).12 Although the federal district court agreed with Caron that his rights had been restored,13 the First Circuit reversed, and the U. …
Publication Year: 2014
Publication Date: 2014-10-01
Language: en
Type: article
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