Firearm Offenses

The Supreme Court struck down the residual clause of 18 U.S.C. § 924(c), which criminalizes carrying a firearm in connection with a “crime of violence” or drug trafficking crime, as unconstitutionally vague. The decision was based on prior Supreme Court decisions striking down similar provisions defining “crimes of violence” under 18 U.S.C. § 16 and the ACCA.

The Supreme Court held that 18 U.S.C. § 922, which criminalizes possession of a firearm by certain groups of individuals (such as felons), has an intent element requiring that the defendant had knowledge of both his possession of a firearm and of his status in a class of individuals prohibited from possessing firearms.

The Court held that the “antique firearm defense” was an affirmative defense as opposed to an element of the 922(g). The Court acknowledged that it remains an open question whether the “antique firearm defense” is objective, meaning that the age of the firearm alone determines the availability of the defense, or whether the defense is subjective, meaning the defense applies when a defendant reasonably believes the firearm was manufactured before 1899.

The Court held that it was plain error for the district court to accept the defendant’s plea to armed robbery where the factual basis was based on his placing a closed pocket knife on the bank teller’s counter while pulling a plastic bag out of his pocket, as this did not constitute “use of a deadly weapon.”

The Court affirmed application of the enhancement for an offense involving a firearm “capable of accepting a large capacity magazine” where the firearm in question was in “close proximity” to a high capacity magazine as measured by its physical distance and accessibility.

The Court held that there is no “innocent transitory possession” defense to possession of a firearm by a convicted felon. The purposes and duration of a defendant’s possession of a firearm are irrelevant since § 922(g) is a general intent crime.

The Court vacated the defendant’s sentence after holding that a prior conviction under Georgia’s aggravated assault statute is not a “crime of violence” under the ACCA or Federal Sentencing Guidelines when the conviction is based on a simple assault with a mens rea of recklessness.

The Court held that a warrantless search of a boarded-up crawlspace in the defendant’s house was reasonable based on exigent circumstances indicating there may have been hostages in the crawlspace. Officers had just arrested the defendant after a stand-off that included hostages and during which officers heard the defendant using a power drill and were informed that the defendant was hiding something in the crawlspace.

The Court affirmed the denial of the defendant’s motion to suppress finding that the traffic stop leading to the search and seizure of the defendant’s firearm was reasonable despite the officers arriving with their guns drawn and the fact that the defendant was not the driver or otherwise suspected of any criminal activity. The defendant’s brief detention was reasonable given his proximity to the car and driver, and the officers drawing their guns did not affect the legality of the stop.

The Court affirmed the defendant’s conviction for carrying a firearm in furtherance of a drug crime under § 924(c), holding that there was sufficient evidence of the nexus between the firearm and drug trafficking given the firearm’s proximity to the drugs and proceeds, its accessibility, and the government’s evidence that drug traffickers frequently use firearms in connection with drug offenses.