United States v. Gilbert Roland Leonard

Appellant was charged under a two-count indictment with illegal transportation and possession of firearms. The jury found him guilty and he received concurrent sentences of one year and one day on each count. Count I alleged a violation of 18 U.S.C. § 922 (g) which prohibits convicted felons from shipping firearms in interstate commerce and Count II alleged a violation of 18 U.S.C. App. § 1202(a) which prohibits convicted felons from receiving or possessing firearms in commerce.

Appellant maintains that 18 U. S.C. App. § 1202(a) is unconstitutional because it fails to provide adequate notice to possible violators. This argument was dismissed in United States v. Crow, 439 F.2d 1193 (9th Cir. 1971).

Appellant also maintains that the conviction under 18 U.S.C. App. § 1202(a) is invalid because the indictment does not charge that the firearm was received, possessed, or transported “in commerce or affecting commerce”. We reverse the conviction under Count II on the basis of United States v. Bass, 404 U.S. 336 , 92 S.Ct. 515 , 30 L.Ed.2d 488 (1971). There was no allegation in the indictment that the firearm had been in or that it affected interstate commerce, and this is a necessary…