Hyland v. Fukuda

580 F.2d 977 Richard Francis HYLAND, II, Plaintiff-Appellee, v. Loretta FUKUDA, in her capacity as Chief, Recruitment and Examination Division, Department of Personnel Services, State of Hawaii, Defendant-Appellant. No. 76-2862. United States Court of Appeals, Ninth Circuit. Aug. 21, 1978. Michael A. Lilly (argued), Honolulu, Hawaii, for defendant-appellant. Michael F. O'Connor (argued), Honolulu, Hawaii, for plaintiff-appellee. Appeal from the United States District Court for the District of hawaii. Before CHAMBERS, WALLACE and ANDERSON, Circuit Judges. WALLACE, Circuit Judge: 1 An officer of the State of Hawaii appeals from a judgment of the district court which declares that certain provisions of the federal gun laws do not impose criminal penalties on a convicted felon who receives a firearm in the course of his or her employment by the state. We reverse. 2 * In October 1973, Hyland applied to the state Department of Personnel Services (the Department) for the civil service position of Adult Corrections Officer II (ACO-2). On the application, Hyland stated that he had previously been convicted of armed robbery and as a result had served a three-year prison term. 3 Hyland's…