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Broken gun still a firearm for felon-conviction purposes

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A gun that can no longer shoot is still a gun for purposes of federal firearms convictions, the 7th Circuit Court of Appeals ruled Thursday.

The court affirmed a conviction of felon in possession of a firearm and a 188-month federal prison sentence in United States of America v. Steven Dotson, 12-2945.

Judge Richard Posner wrote for the panel that an inoperable gun that still could have been repaired met the statutory requirement that someone may be convicted under 18 U.S.C. § 922(g)(1) for possessing “any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.”

Posner wrote that Dotson “confuses ‘design’ with 'object' when he says in his brief that ‘the design [of his gun] has been so altered that the original purpose for which it was intended no longer exists.’ The object has been altered, but not the design.”

In affirming the conviction, Posner said the government was on shaky ground arguing in essence that a gun is always a gun. “But what if the gun is so damaged that it can’t be restored? What if it’s just a heap of twisted metal barely even recognizable as having once been a gun?”

Posner also offered for supposition an illustration of a realistic gun fashioned into a lighter. He further referenced news accounts of toys being converted into working guns. Those items weren’t “designed” as firearms per the statute.

“Surely the government doesn’t think that a felon who owns a gun that started life as a toy gun but now shoots real bullets can’t be convicted of being a felon in possession,” Posner wrote.
 

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  • Bad Gun?
    This story is ambiguous in that it does say where the gun was. The Indiana constitution states that even an exfelon has the right to protect himself in his own home and the 2nd amendment to the CONSTITUTIONN THE UNITED STATES that the people have the right to bear arms, PERIOD!!!

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

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