United States v. Danny S. Herron

We construe the restoration of civil rights provision in the felon in possession of a firearm statute, 18 U.S.C. § 922 (g)(1).

I. Facts

Herron was convicted of second degree burglary in the Superior Court of the State of Washington, sentenced to serve a year and a day, and eventually discharged. Upon completion of his parole, he received a “Certificate and Order of Discharge.” The print ed form said that the civil rights lost by-reason of his conviction were restored. The document did not say anything about firearms.

Herron had the .22 caliber semiautomatic pistol which was the subject of his federal indictment, as well as other guns, in a gun cabinet in his living room. Police noticed the guns while in his home on another matter and advised federal authorities. The Bureau of Alcohol, Tobacco and Firearms obtained a search warrant, observed the guns, obtained admissions of possession, and charged Her-ron with “felon in possession.” 18 U.S.C. § 922 (g)(1) (1988).

Herron successfully moved to dismiss the indictment. The district court dismissed it because Herron’s civil rights had been restored, so under the federal statute he was not to be deemed convicted of the requisite…