United States v. Richard Virgil Burns

Burns is an Indian employed by the Shoshone-Bannock Tribe of Indians, Fort Hall Indian Reservation, Idaho, as a temporary tribal game warden. He was convicted under separate counts charging unlawful possession of a firearm by a felon in violation of 18 U.S.C. App. § 1202(a) and assault with a dangerous and deadly weapon in violation of 18 U.S.C. § 1153 , and Idaho 18-906. We affirm.

I. Statement of Facts

With respect to the first count, the evidence shows that Burns, a convicted felon, was arrested with a Colt .45 automatic pistol in his possession, which was manufactured in Hartford, Connecticut. The gun was shipped to Boise, Idaho in October, 1972 and sold to the appellant’s wife, in his presence, on August 28, 1973.

On October 7, 1973, a party of non-Indians had trespassed onto the Fort Hall Indian Reservation, Idaho for the purpose of crossing over onto public land. The party consisted of three vehicles and eleven persons, including men, women and children. They had no firearms in their possession.

Burns and another tribal game warden stopped the rear vehicle, demanded to see the driver’s license of the driver and refused to allow the driver to proceed and leave…