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Home >> Felons and Firearms Possession (Part 1)

December 24, 2021 by Fred Sisto

Felons and Firearms Possession (Part 1)

On June 14, 2021, the United States Supreme Court decided the case of Greer v. Unites States. The principal issue concerned the federal offense of being a felon in possession of a firearm and the mind state or mens rea required to support a conviction.

Justice Kavanaugh wrote for the 8-1 majority in relevant part: In Rehaif v. United States, 588 U. S. ___, the Court clarified the mens rea requirement for firearms-possession offenses under 18 U. S. C. §922(g). After Rehaif, the Government in a felon-in-possession case must prove not only that the defendant knew he possessed a firearm, but also that he knew he was a felon when he possessed the firearm. Prior to Rehaif, Gregory Greer and Michael Gary were separately convicted of being felons in possession of a firearm in violation of §922(g)(1). Greer’s conviction resulted from a jury trial during which Greer did not request—and the District Court did not give—a jury instruction requiring the jury to find that Greer knew he was a felon when he possessed the firearm.

Gary pled guilty to two counts of being a felon in possession of a firearm. During Gary’s plea colloquy, the District Court did not advise Gary that, if he went to trial, a jury would have to find that he knew he was a felon when he possessed the firearms. On appeal, both Greer and Gary raised new mens rea arguments based on Rehaif. Greer requested a new trial based on the District Court’s failure to instruct the jury that Greer had to know he was a felon to be found guilty. Applying plain-error review, the Eleventh Circuit rejected that argument.

Charges like the one at issue almost always lead to a bifurcated jury trial. If a jury finds the defendant guilty beyond a reasonable doubt with regard to the firearm possession, they are then presented with evidence of his or her status as a convicted felon. Otherwise, the evidence of the defendant’s status would be unduly prejudicial to the defense.

Filed Under: Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

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