Reginald W. Hooks v. United States
Reginald W. Hooks v. United States
Opinion
Appellant Reginald Hooks challenges his convictions for unlawful possession of a firearm ("UPF"), carrying a pistol without a license ("CPWL"), possession of an unregistered firearm ("UF"), and unlawful possession of ammunition ("UA"), claiming the evidence was insufficient. Relying on the recent decision of the District of Columbia Circuit in
Wrenn v. District of Columbia
,
I. Background
While on patrol during the evening of December 20, 2016, Metropolitan Police Department ("MPD") Officers Vaillancourt, Ashley, and Wright approached a group of four to six people in an alley adjoining the 1500 block of Kenilworth Avenue in Northeast D.C. When the officers began to approach, Vaillancourt noticed appellant walk away from them and toward a metal dumpster. Vaillancourt saw appellant "standing by the dumpster" when he heard "a loud clang of a metal object hitting another metal object on the side of the dumpster ... and Mr. Hooks was pulling his arm away from the opening of the dumpster, the slide door there, and then immediately walked away back towards the direction he just came from." At no point that night did the officers see anyone other than appellant near the dumpster. Officer Wright then communicated to the other officers by code word that he saw a gun in the dumpster. Officer Vaillancourt looked "in the dumpster and ... [saw] the gun[,] without having to move or manipulate anything[,] ... sitting right on top of the trash."
After passing the dumpster, appellant briskly walked away from the officers.
*1143 When they pursued, appellant began running. After the officers caught up to and detained appellant, Officer Wright recovered from the dumpster a .357 magnum revolver loaded with six rounds of ammunition. After searching the dumpster, the officers found no other large or heavy metallic object.
At trial, appellant stipulated that he had previously been convicted of a felony, did not have a valid license to carry a pistol at the time of his arrest, and did not have a valid registration certificate as required by law to possess a firearm.
II. Discussion
A. There Was Sufficient Evidence to Support Appellant's Convictions
Mr. Hooks argues that the evidence was insufficient to show that he actually possessed the revolver and the ammunition inside it. We disagree and affirm.
When reviewing a claim of insufficient evidence, "we view the evidence in the light most favorable to the government, giving full play to the right of the jury to determine credibility, weigh the evidence, and draw justifiable inferences of fact, and making no distinction between direct and circumstantial evidence."
Offutt v. United States
,
In light of appellant's stipulations, the only issue contested at trial was whether he possessed the pistol.
1
Regarding his unlawful possession of a firearm conviction, Hooks admitted that he "had [previously] been convicted of a felony."
Dorsey v. United States
,
The evidence was sufficient to support such an inference. It showed that Hooks walked away from the officers when they approached; that one of the officers heard a loud, metallic noise just before Hooks moved his hand away from the opening in the dumpster; and that the officers recovered a loaded revolver from the dumpster. When the officers pursued appellant, he began running, and they found nothing else in the dumpster that would account
*1144
for the noise Officer Vaillaincourt had heard. From these facts, the jury inferred that Hooks had actual possession of the revolver prior to his arrest. Contrary to appellant's contention, this inference does not "cross the bounds of permissible inference [and] enter the forbidden territory of conjecture and speculation." Brief for Appellant at 9 (quoting
Rivas v. United States
,
In fact, we have held that the evidence was sufficient to infer actual possession on facts quite similar to those presented here.
See, e.g.
,
In re A.L.
,
The facts here are not just similar to White , they yield a stronger inference of actual possession. Unlike in White -where the defendant conceivably could have placed something that was not a gun in the box at the back of the truck-the fact here that no other object was recovered that could have made a loud, metallic clanging sound strengthens the inference that Hooks dropped the gun in the dumpster when he saw the police arrive. As a result, we conclude that the evidence was sufficient to support the jury's inference that Hooks possessed the revolver when the officers arrived.
B. Appellant's CPWL Conviction Did Not Violate the Second Amendment
Appellant was convicted of carrying a pistol without a license in violation of
For present purposes we will assume that Wrenn was decided correctly. 3 Even *1145 making that assumption, appellant's constitutional challenges to his CPWL conviction fail.
Appellant's first argument, that his conviction was predicated on an invalid statute, is based on a faulty reading of
Wrenn
. That decision did not invalidate the CPWL statute, but merely what it called the District's " 'good-reason' law."
Wrenn
,
In its holding, the circuit court instructed the trial courts "to enter permanent injunctions against enforcement of the District's good-reason law."
Any statutory language not encompassed by
Wrenn
's definition of "good-reason law" remains undisturbed. This is clear, first of all, from the plain language of the
Wrenn
opinion and the trial court orders implementing it. Appellant did not "meet all eligibility requirements other than the [good reason] requirement."
Grace
,
*1146 Applying these principles, § 22-4506 now, in effect, reads:
The Chief of the Metropolitan Police Department ... may, upon the application of a person having a bona fide residence or place of business within the District of Columbia ... issue a license to such a person to carry a pistol concealed upon his or her person, if ... he or she is a suitable person to be so licensed.
On its face, this statute remains operative, including the requirement that a person be "suitable" to qualify for a concealed carry license. 24 DCMR § 2335.1 (a) (2015) also remains operative, providing that to be "a suitable person," an applicant must "meet[ ] all of the requirements for ... registering a firearm." 4 As a result, appellant's first argument, challenging, in light of Wrenn , the validity of § 22-4504 in total, fails.
Appellant's broader argument, that his conviction for carrying a pistol outside the home without a license was unconstitutional, also lacks merit. The District had not issued Hooks a license to carry a pistol at the time of his arrest.
[Tr. at 92]
Nor could he validly have received a license, because he had previously been convicted of a felony.
5
See
24 DCMR § 2335.1 (a) (2015) ;
III. Conclusion
With appellant's challenges to the constitutionality of his CPWL conviction failing under our precedent and under Wrenn , and the evidence being sufficient to support all the charges, appellant's convictions for unlawful possession of a firearm, carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition are
Affirmed.
Conviction under each of these statutes shares an actual or constructive possession component.
See
The government invokes the plain error standard of review because these arguments are being raised for the first time on appeal. We need not rely on this doctrine because we find no error.
This court has consistently held, contrary to
Wrenn
, that "there is no Second Amendment right to carry a concealed firearm in public."
E.g.
,
Gamble v. United States
,
These requirements include, among other things, completing a firearms training course and having never been convicted of a felony.
24 DCMR § 2337.2 (i) (2015) also requires an applicant to declare that he is "not prohibited under federal or District law ... from possessing a handgun." Appellant could not have done so because, as a convicted felon at the time of his arrest, he was barred from possessing a handgun by
Reference
- Full Case Name
- Reginald W. HOOKS, Appellant, v. UNITED STATES, Appellee.
- Cited By
- 8 cases
- Status
- Published