UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LANE DALE DANIELS, DEFENDANT-APPELLANT
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The court held that the statute prohibiting felons from possessing firearms is constitutional under the Commerce Clause and that the government need not prove the firearm affected commerce as an element of the offense.
Defendant was convicted of violating 18 U.S.C.App. § 1202, which prohibits convicted felons from possessing firearms. He appealed his conviction.…
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PER CURIAM:
Defendant appeals from his conviction for violating 18 U.S.C.App. § 1202 (convicted felon’s possession of a firearm). He contends that: (1) the statute is unconstitutional, because it purports to reach wholly intrastate transactions, and it is therefore beyond the scope of the Commerce Clause; and (2) the Government failed to prove that the firearm he possessed was in commerce or affected commerce, which is an element of the offense. We reject both contentions.
The numerous cases expanding the Commerce Clause to embrace local activities, when those activities bear even tangentially on interstate commerce defeat defendant’s constitutional argument. E. g., Maryland v. Wirtz (1968) 392 U.S. 183, 88 S.Ct. 2017, 20 L.Ed.2d 1020; Katzenbach v. McClung (1964) 379 U.S. 294, 85 S.Ct. 377, 13 L.Ed.2d 290; Wickard v. Filburn (1942) 317 U.S. 111, 63 S.Ct. 82, 87 L.Ed. 122; United States v. Biancofiori (7th Cir. 1970) 422 F. 2d 584.
We hold that the fact that the firearm was in commerce or affected commerce is not an element of the offense stated in section 1202, adopting the rationale of United States v. Bass (S.D.N.Y.1970) 308 F.Supp. 1385.
The judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United States v. Bass, 404 U.S. 336 (U.S. 1971)
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United States v. Liles, 432 F.2d 18 (9th Cir. 1970)
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United States v. Synnes, 438 F.2d 764 (8th Cir. 1971)
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wickard v. Filburn, 317 U.S. 111 (U.S. 1942)
- Katzenbach v. McCLUNG, 379 U.S. 294 (U.S. 1964)
- Maryland v. Wirtz, 392 U.S. 183 (U.S. 1968)
- United States v. Biancofiori, 422 F.2d 584 (7th Cir. 1970)