United States v. Tucker
United States v. Tucker
Opinion of the Court
Appellant’s assertion that 18 U. S.C. App. § 1202(a), prohibiting a convicted felon from receipt of a firearm-which has traveled in interstate commerce, does not apply to him, is without merit. He had three prior .convictions for conspiracy to violate Internal Revenue Liquor Laws (then 18 U.S.C. § 88, now 18 U.S.C. § 371), actual violation (26 U.S.C. § 5174), and possession of an illegal distillery (26 U.S.C. § 5601), all felonies. 18 U.S.C. App. § 1202(c)(2) defines a felony as:
an offense punishable by imprisonment for a term exceeding one year, but does not include any offense . classified as a misdemeanor
The statute does not distinguish between violent and non-violent felonies. Cf.
Appellant’s allegation that the firearm in question was illegally seized is also without merit. The gun was in plain view on the front seat of appellant’s car; under the circumstances here a warrantless search was lawful.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.