United States v. Ulysses Thomas McDaniel and Barbara Kesler McDaniel

Defendants appeal their convictions for transportation of firearms in foreign commerce by a convicted felon and for aiding and abetting, respectively. 18 U.S.C. §§ 922 (g) and 2. Two assignments of error merit discussion. We reverse and remand.

Ulysses McDaniel had been convicted of a felony, and consequently became subject to the federal firearms disabilities attendant to his conviction. His wife, Barbara, who was under no disability, purchased a supply of weapons, including semiautomatic rifles. She complied with all regulations when purchasing the firearms. In 1973, the couple drove to Canada for a vacation, taking the weapons with them. Barbara testified that she declared her firearms to the Canadian Customs Office upon entry. She also testified that one of the reasons for vacationing in Canada was to let Ulysses use the firearms without risking United States prosecution.

The couple overstayed their allowed time in Canada. Canadian police arrested them, interviewed them, and deported them. United States Customs Agents interviewed them about their activities and then released them. A short time after their return to the United States, Ulysses was indicted for transporting…