United States v. David Patrick Willis

Willis appeals from his conviction in a jury trial on eleven counts of knowingly making false statements in acquiring firearms from a licensed dealer in violation of 18 U.S.C. § 922 (a)(6) and § 924(a). We affirm.

In 1967, Willis was indicted in New York state court for criminally possessing a loaded firearm, a felony. Plea bargaining led to his pleading guilty to a lesser included offense of attempting to unlawfully possess a loaded firearm, still a felony with maximum sentence of 3% years. During the bargaining the judge had said that if a plea were entered he would sentence Willis “as if it were a misdemeanor”. The sentence imposed was nine months, which was duly served.

In 1969 Willis moved to California. Between 1971 and 1972 he bought eleven guns from a dealer in Orange County. Each time he filled in and signed the required state and federal forms. Question 8b on the federal form was:

He answered this question, “No”.

Willis contends among other things, that § 922(a)(6) is void for vagueness and unconstitutional as applied to him, and that his answer to question 8b was not false. We disagree.

We are not persuaded by appellant’s claim that that portion of the…