US v. Edwards, Cr. No. 3-90-74.

• Decision Date: 21 September 1990
• Docket Number: Cr. No. 3-90-74.
• Citation: 745 F. Supp. 1477
• Parties: UNITED STATES of America, Plaintiff, v. Joseph Darryl EDWARDS, Defendants.
• Court: U.S. District Court — District of Minnesota

745 F. Supp. 1477

UNITED STATES of America, Plaintiff, v. Joseph Darryl EDWARDS, Defendants.

Cr. No. 3-90-74.

United States District Court, D. Minnesota, Third Division.

September 21, 1990.

Jerome Arnold, U.S. Atty., Richard Morgan, Asst. U.S. Atty., Minneapolis, Minn., for plaintiff.

Daniel M. Scott, Federal Public Defender, Minneapolis, Minn., for defendant.

RENNER, District Judge.

This ruling addresses the novel question of whether a conviction in a federal court of a crime punishable by more than one year imprisonment, for which all rights have been restored under state law, can serve as a predicate offense for a violation of 18 U.S.C. § 922(g)(1), which forbids possession of firearms by those who have been convicted of a crime punishable by more than one year imprisonment.

Joseph Edwards pled guilty in 1986 in this Court to possession of an unregistered firearm in violation of 26 U.S.C. §§ 5861(d), 5871. He served a prison sentence until November 4, 1988, and was released from parole supervision on January 22, 1989. A United States Grand Jury indicted him on July 11, 1990, bringing the current charge that Edwards possessed a firearm in violation of 18 U.S.C. § 922(g)(1). He was tried for the offense and, at the close of the evidence, he brought this motion for acquittal, upon which the Court reserved judgment. The jury returned a guilty verdict.

18 U.S.C. § 921(a)(20) states:

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess or receive firearms.

Defendant argues that Minnesota law determines whether a Minnesota resident convicted in the United States District Court for the District of Minnesota is still burdened by a statutory "conviction". Minnesota statute § 609.165 provides for restoration of civil rights upon discharge from a conviction. Defendant contends that since Minnesota law restored all of his civil rights without restricting his right to possess firearms, the 1986 conviction cannot be a predicate offense for the charged crime.

The parties dispute the meaning and definition of "conviction". Defendant contends that the phrase "law of the jurisdiction" refers to the law of the state in which there was a conviction, regardless of whether the acting tribunal was a state or federal court. The government counters that the statute calls for application of the law of the forum: federal law governs the effect of federal convictions and state law governs those of the state.

Neither party bolsters its argument with relevant and substantial authority or legislative history. However, the government offers the more plausible reading of the statutory language.

The term "jurisdiction" refers to the authority of a court. Black's Law Dictionary, 5th Ed. The concept includes the geographic area in which the court has power to hear cases. Id. Although the term is ambiguous, it does not generally refer to the geographic area of an overlapping but separate court system. The geographical jurisdiction of the United States Court for the District of Minnesota is the District of Minnesota, not the State of Minnesota, which, coincidentally, has the same geographic limits to its authority. Thus, federal law should determine whether Edward's 1986 conviction constitutes a conviction of a crime punishable by more than one year imprisonment.

The second sentence of § 921(a)(20) states that "Any conviction ... for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter...." Defendant argues that, regardless of which government convicted him, since his civil rights have been fully restored, his 1986 conviction cannot serve as a predicate offense to a § 922(g) charge. The government responds that defendant has not "had his civil rights restored at the federal level." Government's Supplemental Memorandum in Opposition to Defendant's Motion for Judgment of Acquittal, p. 6.

It is the state, not the federal government, that defines and restores a person's civil rights, even in relationship to the federal government. The United States Constitution does not bar convicts from holding federal office. The right to vote, even in federal elections, is set by the states. The electors of both senators and representatives are determined by state law. U.S. Const. Art. I, § 2, cl. 1; U.S. Const. Amend. 17. The right of a former convict to serve on federal juries depends upon whether state law has restored civil rights. 28 U.S.C. § 1865(b)(5); United States v. Hefner, 842 F.2d 731 (4th Cir. 1988).

In interpreting § 921(a)(20), the phrase "any conviction" must be read literally. Any such conviction cannot be a predicate offense for a violation of § 922(g) if it falls into one of four categories: convictions which have been expunged or set aside, or for which a person has been pardoned or had his civil rights restored.

While the law of the jurisdiction where the proceeding is...