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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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