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UNITED STATES v. WALKER

January 10, 1973

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TERRY OLIVER WALKER, DEFENDANT.



The opinion of the court was delivered by: Poos, District Judge.

OPINION OF THE COURT

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:

  "Any person who has been convicted by a court of
  the United States or of a State or any political
  subdivision thereof, of a felony and who
  receives, possesses, or transports in commerce or
  affecting commerce, after the date

  of enactment of this Act, any firearm shall be
  fined not more than $10,000 or imprisoned for not
  more than two years, or both."

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,
      Illinois;
  (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 Defendant.

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 ...


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