United States v. Baldemar Gomez

May a state statute restore a convicted felon’s civil rights and thus effectively bar prosecution under a federal statute for unlawful possession of a firearm? After analysis of relevant Idaho and federal statutes we conclude the answer is “yes.”

I

Before his arrest in this case, Baldemar Gomez had been convicted in Idaho of five crimes punishable by imprisonment for terms exceeding one year. Over the course of approximately thirteen years, he had been convicted of second-degree murder, voluntary manslaughter, resisting an officer, possession of a controlled substance by an inmate, and battery on a correctional officer. After completing his sentences for all of these crimes Gomez was discharged by Idaho authorities on December 13, 1986.

On November 13, 1987, Sheriffs officers from Canyon County, Idaho, entered Gomez’s home pursuant to a lawful search warrant. Officer Lindquist observed Gomez moving about in the pantry, pulled him out, and handcuffed him. Upon searching the pantry, officer Lindquist discovered a .38 caliber, semi-automatic pistol. A grand jury charged Gomez with having knowingly possessed a firearm after having been previously convicted of a crime punishable by…