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Small v. United States, 544 U.S. 385 (2005), [1] was a decision by the Supreme Court of the United States involving 18 U.S.C. § 922(g)(1), [2] which makes it illegal to possess a firearm for individuals previously "convicted in any court" of crimes for which they could have been sentenced to more than one year in prison. The Court ruled, in a ...
Rehaif v. United States, 588 U.S. 225 (2019), was a case before the United States Supreme Court dealing with mens rea.The Court held that when a person is charged with possessing a gun while prohibited from doing so under 18 U.S.C. § 922(g), the prosecution must prove both that the accused knew that they possessed a gun and that they knew they held the relevant status.
The provision, 18 USC 922(g)(1), actually covers anyone convicted of "a crime punishable by imprisonment for a term exceeding one year." That is why Pennsylvania resident Edward A. Williams lost ...
18 U.S.C 922 (3) imposes punishment for being a drug addict, which was found to be unconstitutional by SCOTUS in Robinson v. California in 1962. While many states upon completion of a sentence automatically reinstate rights to vote, sit on a jury, or serve in public office, no states restore gun ownership rights upon completion of a sentence ...
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Section 922(n) of title 18, United States Code makes it unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport any firearm in interstate or foreign commerce, or receive any firearm which has been shipped or transported in interstate or foreign commerce. [2]
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Herring was indicted in the United States District Court for the Middle District of Alabama for violations of 18 U.S.C. § 922(g)(1) (felon in possession of a firearm) and 21 U.S.C. § 844(a) (possession of a controlled substance, viz. methamphetamine) and invoked the exclusionary rule to have both the firearm and drug evidence suppressed.