The opinion of the court was delivered by: Poos, District Judge.
This cause comes before the Court on the Motion of the
Defendant, Terry Oliver Walker, to Dismiss the Indictment. The
indictment charged that on or about September 7, 1971 the
Defendant, being a convicted felon, knowingly received in
commerce and affecting commerce, a firearm in violation of
Title 18, App., U.S.C. § 1202(a)(1).
Section 1202(a)(1) states in pertinent part:
The following facts have been stipulated by the parties:
(1) That the Defendant is a convicted felon;
(2) That the firearm in question was shipped from
Firearms Import and Export Corporation in
Miami, Florida, on November 1, 1970, to
Lawson Arms in Godfrey, Illinois;
(3) That on March 30, 1971, Lawson Arms of
Godfrey Illinois, sold the firearm in
question to Traders Pawn Shop of Alton,
(4) That on April 3, 1971, Traders Pawn Shop in
Alton sold the firearm in question to Charles
Dublo of Bethalto, Illinois;
(5) That Charles Dublo discovered the firearm
missing sometime in July 1971, but did not
report this fact to the police;
(6) That the Defendant, on September 7, 1971, was
found with the firearm in question.
Prior to the Supreme Court decision in United States v.
Bass, 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488 (1971), the
Government did not allege in the indictment, nor was an
attempt made to show that the firearms involved had been
received, possessed, or transported in commerce or affecting
commerce. The Court in Bass, however, held that the Government
must show the requisite nexus with interstate commerce with
respect to receipt, possession and transportation of the
firearm. Thus, the issue to be determined herein is whether or
not the facts established the requisite nexus with interstate
commerce with respect to the receipt of the firearm by the
The Defendant alleges that the facts do not show that the
firearm in question was received in commerce or affected
commerce. Defendant contends that the receipt of the firearm
is too far removed in time from the original movement of the
firearm in commerce.
The Government's position, on the other hand, is that once
proof is established that the firearm in question was, at some
time, shipped in interstate commerce, there is a sufficient
showing that the receipt or possession of the firearm by ...